Search Results for "civil dispute versus criminal"

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Search Results for "civil dispute versus criminal"

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High Court

Bombay High Court Allows Writ Petition to Quash Compromise Decree in Suit for Declaration of Ownership and Injunction — Held That Compromise Decree Was Not Validly Passed as It Was Based on a Consent Term That Was Contrary to Law and Without Jurisdiction.

5 Jun 2023

The case involves a dispute over property ownership. The original petitioner, Narhar Rango Kulkarni (since deceased, represented by legal heirs), file...

High Court

Bombay High Court Considers Reference on Applicability of Section 482 CrPC to Domestic Violence Proceedings; Conflicting Precedents on Nature of Proceedings Under Section 12(1) of the D.V. Act Lead to Full Bench. Key Question Involves Whether Inherent Powers of High Court Can Quash D.V. Act Applications Given Their Predominantly Civil Character.

3 May 2018

The matter came before the Bombay High Court, Nagpur Bench, as a reference to a Full Bench to resolve conflicting decisions on whether proceedings und...

High Court

Bombay High Court Dismisses Petition to Quash Criminal Proceedings in Cheque Dishonour Case — Directors of Company Not Entitled to Quashing Under Section 482 CrPC When Trial Already Commenced and No Exceptional Circumstances Shown.

22 Nov 2019

The petitioners, Mrs. Shama G. Bothe and Mr. Guido Bothe, directors of Chinkara Motors Private Limited (CMPL), filed a criminal writ petition under Ar...

High Court

Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. Court holds that the offence under Section 138 of the Negotiable Instruments Act, 1881 is committed only at the place where the cheque is presented and dishonoured, not where the cheque was issued or where the complainant resides.

30 Nov -0001

The judgment involves two criminal writ petitions filed by Shripad Ramchandra Deshmukh (original accused No.4) and Govind Ramchandra Deshmukh (origina...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

High Court

Bombay High Court Dismisses Petition Seeking Registration of Crime Against Police Officers and Private Individuals for Alleged Illegal Detention and Assault. Court Holds That No Cognizable Offence Is Made Out on the Basis of the Complaint and That the Petitioner Has Alternative Remedies Under the Code of Criminal Procedure, 1973.

31 Jul 2019

The petitioner, Suresh Sahebrao Deshmukh, filed a criminal writ petition before the Bombay High Court (Aurangabad Bench) seeking a direction to regist...

Supreme Court

Supreme Court Allows Appeals in Testamentary Succession Dispute Over Estate of Purvez Burjor Dalal — Court-Monitored Criminal Investigation Quashed as Civil Court Lacks Inherent Power to Order Investigation Under Section 482 CrPC. The Court held that a civil court, in a testamentary proceeding under the Indian Succession Act, 1925, cannot direct a court-monitored criminal investigation, as such power is not available to a civil court under the Code of Criminal Procedure, 1973.

1 Jan 2026

The present appeals arise out of a common final judgment and order dated July 16, 2024, passed by the Division Bench of the High Court of Judicature a...

High Court

Bombay High Court Hears Petitions to Quash FIR No.311 of 2012 and Complaint C.C.No.410/SW/2012 Alleging Abuse of Process and False Implication in Matrimonial Dispute. Petitioners seek quashing under Article 226, claiming original complainant lodged false complaint in retaliation to an earlier FIR filed against her family in Punjab.

14 Oct 2013

The High Court of Bombay heard a batch of writ petitions under Article 226 of the Constitution of India seeking to quash the order dated 9th October 2...

Supreme Court

Supreme Court Refers to Larger Bench the Question of Quashing Non-Compoundable Offences Under Section 482 CrPC Based on Settlement, Reconsidering B.S. Joshi, Nikhil Merchant, and Manoj Sharma. The Court Doubts Whether Non-Compoundable Offences Can Be Indirectly Compounded via Inherent Powers, Noting Section 320(9) CrPC's Bar.

1 Aug 2026

The matter arose from a Special Leave Petition filed by one Gian Singh, who had been convicted under Sections 420 (cheating) and 120B (criminal conspi...

High Court

Bombay High Court Holds Criminal Complaints Under Section 138 NI Act Not Covered by Company Law Moratorium. The expression 'suit or other proceedings' in Sections 442 and 446(1) of Companies Act, 1956 does not include criminal proceedings under Section 138 of Negotiable Instruments Act, 1881.

6 May 2016

The case involves a reference to resolve a conflict between two Single Judge judgments of the Bombay High Court regarding whether criminal complaints ...

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