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Search Results for "Quashing of proceedings"

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High Court

High Court of Karnataka Quashes Wakf Act Proceedings Against Accused Due to Lack of Sanction Under Section 104 of Wakf Act, 1995. Mandatory Sanction Requirement Under Section 104 of Wakf Act, 1995 Cannot Be Dispensed With for Prosecution Under Section 52-A of the Act.

10 Nov 2023

The petitioner, Shri Sayyad Murtuza Sayyad Kasim Khaji, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking q...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Directors of a company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881, without specific allegations that they were in charge of and responsible for the conduct of the business at the time the offence was committed.

6 Oct 2023

The case involves two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in C.C. No. ...

High Court

High Court of Karnataka Quashes POCSO Proceedings Against Accused Due to Lack of Sexual Intent — Allegations of Slapping and Wrongful Confinement Do Not Attract Sections 11 and 12 of POCSO Act, 2012

28 Jul 2022

The petitioner, Smt. Thahseen Begum @ Tasi, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the...

High Court

Karnataka High Court Quashes Proceedings Under Senior Citizens Act Against Non-Citizen Applicant. British Citizen Cannot Invoke Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as Definition of 'Senior Citizen' Requires Indian Citizenship.

22 Mar 2022

The petitioners, Mrs. Dephny Gladys Lobo and Mr. Frederick Lobo, filed a writ petition under Articles 226 and 227 of the Constitution of India before ...

High Court

Karnataka High Court Quashes Proceedings Against Medical Practitioners Under PCPNDT Act for Non-Maintenance of Records — Lack of Sanction Under Section 28 Renders Complaint Invalid

21 Feb 2022

The petitioners, medical practitioners running a hospital in Gokak, challenged the proceedings in C.C.No.910/2016 pending before the Principal Civil J...

High Court

High Court of Karnataka Quashes Proceedings in Cheque Bounce Case Involving Rs. 2 Crore Cash Loan — Finds Complaint Barred by Limitation and Lacks Prima Facie Case Under Section 138 NI Act. The court held that the complaint was an abuse of process as the transaction was improbable and the complaint was filed beyond the limitation period.

17 Feb 2022

The petitioner, Smt. Vijaya, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in C...

High Court

High Court of Karnataka Quashes Proceedings Under Karnataka Police Act for Lack of Mandatory Sanction. Petitioners Allegedly Involved in Gambling at Public Place, But Proceedings Initiated Without Sanction Under Section 78(3) of Karnataka Police Act, 1963.

19 Jan 2022

The petitioners, Rakeshkumar S/o Satpal Girdhar, Santosh S/o Maruti Hulkund, and Gulab alias Gulabhusen S/o Nabisaab Naragund, were arraigned as accus...

High Court

Bombay High Court Quashes Section 138 NI Act Proceedings Against Directors for Lack of Specific Averments. Vicarious Liability Under Section 141 Requires Specific Allegations of Role in Conduct of Business.

17 Dec 2013

The petitioners, comprising a company and its directors, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code...

High Court

Bombay High Court Quashes Criminal Proceedings Against Cooperative Bank Officials in Dishonour of Cheque Case Due to Lack of Vicarious Liability. Directors and Chairman Not Liable for Offences Under Negotiable Instruments Act Without Specific Allegations of Role in Day-to-Day Affairs.

22 Oct 2013

The petitioners, who are the Chairman and Manager of a cooperative society (Shri Rajiv Gandhi Sahakari Nagari Path Sanstha Maryadit), were arraigned a...

High Court

Bombay High Court Quashes Criminal Proceedings for Criminal Trespass and Insult in Company Premises — Lack of Intent to Insult or Annoy and Absence of Criminal Trespass Elements. The court held that entry into a cabin to serve summons, without intent to insult or annoy, does not constitute criminal trespass under Section 447 IPC, and that mere pointing of finger without provocation to breach of peace does not attract Section 504 IPC.

27 Apr 2006

The petitioner, Shailesh H. Bajaj, was an accused in Criminal Case No. 147/04/C pending before the Judicial Magistrate, First Class, Panaji, Goa, aris...

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