Search Results for "Premature Prosecution"

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Search Results for "Premature Prosecution"

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High Court

Bombay High Court Discharges Public Servants in Jail Sepoy Recruitment Scam Case for Lack of Sanction Under Section 197 CrPC. Alleged Acts of Tampering with Marks Were Part of Official Duties, No Prima Facie Case of Criminal Conspiracy Made Out.

13 Sep 2024

The Bombay High Court allowed a batch of writ petitions challenging the rejection of discharge applications by the Special Judge in a corruption case ...

High Court

Bombay High Court Quashes PMLA Proceedings Against Accused in Seva Bank Loan Fraud Case — Lack of Scheduled Offence and Non-Application of Mind in ECIR Registration. The court held that the ECIR was registered solely on the basis of FIR No.163/2018 involving Section 420 IPC, but the subsequent FIRs (525/2021, 526/2021, 527/2021) which included other scheduled offences were not considered, and the proceeds of crime were not properly identified, rendering the PMLA proceedings unsustainable.

29 Aug 2024

The judgment concerns multiple writ petitions filed by individuals accused in connection with alleged loan fraud involving Seva Vikas Co-operative Ban...

High Court

Bombay High Court Quashes Notice Issued by Small Causes Court in Section 340 Cr.P.C. Proceedings — Notice Held Without Jurisdiction as Court Cannot Issue Notice Before Forming Prima Facie Opinion. The court held that under Section 340 of the Code of Criminal Procedure, 1973, the court must first form a prima facie opinion that an inquiry is necessary before issuing notice to the proposed accused, and issuing notice at the stage of considering a delay condonation application is premature and without jurisdiction.

9 Dec 2020

The petitioner, Michael Gabriel, was the original defendant No.1 in an Interpleader Suit No.1011/2011 filed by the first respondent, Dattaram Kashiram...

Supreme Court

Supreme Court Sets Aside High Court Order for Perjury Proceedings in Matrimonial Case — Allegations of False Statements in Anticipatory Bail Application Not Deliberate Falsehood on Matter of Substance. The Court held that initiation of perjury proceedings under Section 340 CrPC requires a prima facie case of deliberate falsehood based on unimpeachable evidence, and the High Court's order was vitiated by suppression of material facts.

26 Feb 2019

The present appeal arises from a judgment of the Bombay High Court dated 07.03.2018, which directed initiation of proceedings under Section 340 CrPC a...

High Court

Bombay High Court Considers Administrator’s Report for Recovery of Diverted Estate Assets in Testamentary Suit. Court Appointed Administrator Seeks Directions Against Defendant for Unauthorized Diversion of Deceased’s Funds to Various Entities.

21 Dec 2018

The matter concerned the administration of the estate of Purvez Burjor Dalal, who died in Mumbai on 7 December 2011. A testamentary suit was institute...

High Court

Karnataka High Court Quashes FIR Against Government Officials in Land Revenue Act Case — No Prima Facie Case for Abetment of Misappropriation. Section 192-A of Karnataka Land Revenue Act, 1964 requires specific allegations of abetment; mere official duty performance does not attract criminal liability.

17 Mar 2015

The judgment concerns four criminal petitions and a writ petition filed by government officials seeking quashing of FIR in Crime No.18/2014 registered...

High Court

High Court of Karnataka Quashes FIR Against Public Servants in Land Revenue Act Case — No Prima Facie Case for Abetment of Misappropriation. Allegations of unauthorized land transfer and criminal breach of trust by government officials quashed as FIR lacked specific allegations of dishonest intention or criminal misconduct under Section 192A of Karnataka Land Revenue Act, 1964.

17 Mar 2015

The judgment pertains to four connected petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR in Cr...

High Court

Karnataka High Court Quashes FIR Against Public Servants in Land Revenue Act Case — No Sanction Required Under Section 197 CrPC for Acts Done in Official Duty. Allegations of Fabrication of Records Under Section 192A of Karnataka Land Revenue Act, 1964 Do Not Attract Criminal Liability Without Prior Sanction.

17 Mar 2015

The judgment pertains to four connected petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No.18...

High Court

Bombay High Court Dismisses Winding-Up Petition for Unascertained Damages Claim — Lock-in Period License Fee Not a Debt Under Companies Act, 1956. Claim for balance license fee after premature vacation is a claim for damages requiring adjudication, not a debt due and payable under Sections 433 and 434 of the Companies Act, 1956.

28 Feb 2014

The petitioning-creditor, Indiabulls Properties Pvt. Ltd., filed a winding-up petition under Sections 433 and 434 of the Companies Act, 1956, against ...

High Court

Bombay High Court Dismisses Discharge Application of Police Constables in Murder Case — Section 161 Bombay Police Act Limitation Not Applicable to Offences of Murder and Custodial Violence. The court held that the protection under Section 161 of the Bombay Police Act is not available for serious offences like murder and custodial violence, and the application for discharge under Section 227 CrPC was premature.

10 Jun 2013

The applicant, Manabai w/o Kashirao Tondle, filed a criminal application under Section 227 of the Code of Criminal Procedure, 1973, seeking discharge ...

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