Search Results for "cognizance versus charge"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "cognizance versus charge"

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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 Quashes Criminal Process Issued by Chief Judicial Magistrate for Offences Under IPC. Court Holds That Contradictory Orders by Same Magistrate—Issuing Process on Private Complaint and Accepting 'B' Summary—Render the Prosecution Invalid.

29 Sep 2006

The High Court of Bombay at Aurangabad considered two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 by applica...

Supreme Court

Supreme Court Allows Appeal Against Order for Further Investigation After Discharge of Accused. Magistrate Becomes Functus Officio After Discharge and Cannot Order Further Investigation Under Section 173(8) CrPC.

9 Apr 2019

The appellant, Bikash Ranjan Rout, was the original accused in FIR No. 426/2007 registered at Police Station Janakpuri, Delhi for offences under Secti...

Supreme Court

Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

3 Dec 2021

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

High Court

Bombay High Court Grants Default Bail to Accused in MCOCA Case Due to Non-Filing of Charge Sheet Within 90 Days. The court held that the right to default bail under Section 167(2) Cr.P.C. is not defeated by subsequent inclusion of MCOCA offences after the expiry of the statutory period.

21 Feb 2022

The appellants were arrested on 31.05.2021 in connection with Crime No.509/2021 for offences under Sections 302, 201, 120-B, 364, 212 read with Sectio...

Supreme Court

Supreme Court Reinstates Criminal Proceedings Quashed by High Court Under Section 482 CrPC Due to Erroneous Exercise of Inherent Powers. High Court's Quashing Order Set Aside as It Entered into Merits and Stifled Legitimate Prosecution Despite Prima Facie Case and Chargesheet in Offences Under Sections 147, 148, 149, 406, 329, 386 IPC.

13 Aug 2021

The appeal arose from the High Court's order quashing criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973. The appellant, t...

High Court

Bombay High Court Quashes Magistrate's Order for Further Investigation in Cheating Case — Magistrate Cannot Direct Further Investigation Under Section 173(8) CrPC After Charge Sheet Filed Without New Material

21 Apr 2011

The applicants, Atul Shridhar Kaple and Shabbir Valli Zohebbhai Valli, filed an application under Section 482 of the Code of Criminal Procedure, 1973 ...

High Court

Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

10 Apr 2024

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

Supreme Court

Supreme Court Allows Second Complaint After Acceptance of Negative Final Report Under Section 173 Cr.P.C. — No Blanket Bar Exists. The Court held that Section 300(1) Cr.P.C. does not apply as there was no trial or conviction/acquittal, and a second complaint on same facts is maintainable if it discloses new facts or circumstances or if the earlier order was passed without proper application of mind.

1 Jan 2024

The case arose from a complaint filed by the second respondent on 11.11.2010 before the Chief Judicial Magistrate, Cachar, Silchar, which was forwarde...

Supreme Court

Supreme Court Allows ED Appeal in PMLA Case: Sanction Under Section 197 CrPC Not Required for Money Laundering Offences. Money laundering is not an official duty, and PMLA overrides CrPC under Section 71.

19 Nov 2024

The Directorate of Enforcement (ED) filed criminal appeals against the judgment of the High Court of Andhra Pradesh which quashed the orders of cogniz...

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