Search Results for "section 311 CrPC"

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Search Results for "section 311 CrPC"

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Supreme Court

Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Proceedings. The Court upheld the validity of the NIA's takeover of investigation and the sanction order under Section 45(2) UAPA, finding that the timeline for independent review is directory and the cognizance order was based on prima facie material.

20 Sep 2024

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

Supreme Court

Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Order. Court upholds validity of suo-motu sanction under Section 45(2) of UAPA and cognizance order under Section 120B IPC read with UAPA and CLA Act.

20 Sep 2024

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

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 Allows Petition Quashing Trial Court Order Recalling Complainant in Corruption Case — Recalling Witness After Defence Disclosure Impermissible to Fill Lacunae Under Section 311 CrPC. The court held that the power under Section 311 CrPC cannot be exercised to fill lacunae in prosecution evidence after the accused has disclosed her defence in written notes of arguments under Section 314 CrPC.

13 Jul 2021

The petitioner, Nayna Rajan Guhagarkar, was facing prosecution for offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corru...

High Court

Karnataka High Court Hears Quashing Petition in Acko Insurance Data Theft Case; Order Reserved. Ex-Employees Seek Quashing of FIR Alleging Theft of Confidential Trade Secrets and Conspiracy, Claiming Abuse of Process and Civil Nature of Dispute under Section 482 Cr.P.C.

24 Sep 2020

The Karnataka High Court heard arguments in a criminal petition filed by accused Nos. 1 to 5 under Section 482 of the Code of Criminal Procedure, 1973...

High Court

High Court of Karnataka Allows Revision Petition in NI Act Case — Permits Complainant to Lead Further Evidence and Mark Xerox Copy of Postal Acknowledgment. The court held that the trial court erred in dismissing applications under Section 311 CrPC and Section 63 Evidence Act, as the postal acknowledgment was crucial to prove service of legal notice under Section 138 NI Act.

12 Dec 2019

The petitioner-complainant, Sri S Sudarshan, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Proced...

High Court

Bombay High Court Dismisses Petition Challenging Re-examination of Complainant in NI Act Case — Section 311 CrPC Allows Recall of Witness for Just Decision. The court upheld the trial court's order allowing the complainant to be examined under Section 311 CrPC after cross-examination, finding no abuse of discretion.

11 Jul 2019

The petitioner, Anil Baburao Chalke, was the accused in SCC No. 1331 of 2016 filed by the first respondent, M/s. Meenamani Ganga Builder LLP, under Se...

High Court

High Court of Karnataka Quashes Reopening of Evidence in NI Act Case — Trial Court Cannot Suo Motu Recall Witness Without Application Under Section 311 Cr.P.C. The court held that the power under Section 311 Cr.P.C. cannot be used to fill gaps in the prosecution case after the matter is set down for judgment.

29 Aug 2018

The petitioner, Vasantha Amin, was the accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by the respondent, Shek...

High Court

High Court of Karnataka Adjudicates Death Sentence Confirmation and Appeals against Conviction in 2000 Church Bomb Blast. Accused were convicted under Sections 120-B, 121-A, 124-A, 153-A IPC by Trial Court for conspiracy and bomb blast at St. Peter and Paul Church, Bangalore.

17 Dec 2014

The High Court of Karnataka at Bengaluru heard together a criminal reference for confirmation of death sentence and two criminal appeals arising from ...

High Court

Bombay High Court Allows Recall of Complainant for Re-examination Under Section 311 CrPC for Identification of Weapons in Assault Case. The court held that the trial court's rejection of the application was improper as the identification of weapons was necessary for just decision and did not amount to filling a lacuna.

4 Sep 2012

The applicant, Yamunabai Namdeo Dhumal, the original complainant, filed a criminal application under Section 482 of the Code of Criminal Procedure, 19...

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