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Supreme Court

Supreme Court Quashes Criminal Proceedings Against Archbishop in Property Alienation Case Under Section 482 CrPC. The Court held that complaints alleging offences under Sections 120B, 406, 423 read with 34 IPC were not maintainable as they pertained to civil disputes and lacked essential ingredients of criminal offences, constituting abuse of process of court.

17 Mar 2023

The Supreme Court considered appeals arising from the High Court of Kerala's common judgment dismissing petitions under Section 482 of the Code of Cri...

Supreme Court

Supreme Court Quashes Summoning Order Against Bank Clerk in Embezzlement Case Due to Insufficient Evidence Under Section 319 CrPC. The Court Held That Mere Supply of a Dim Account Statement by a Clerk Without Transaction Authority Does Not Constitute Strong and Cogent Evidence Required for Summoning Additional Accused Under Section 319 of the Code of Criminal Procedure, 1973.

16 Mar 2023

The dispute arose from an FIR lodged by a complainant alleging embezzlement of ₹55,20,000 from his bank account, with no accused named initially. Af...

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...

Supreme Court

Supreme Court Allows Appeal in Section 319 CrPC Case, Setting Aside High Court's Remand Order. Trial Court's Dismissal of Summoning Application Upheld as Evidence Was Insufficient to Meet the Stringent Threshold for Exercising Discretionary Power Under Section 319 of Code of Criminal Procedure, 1973.

1 Mar 2023

The appeal challenged the Allahabad High Court's order dated 16.05.2017 which had quashed the Trial Court's order dated 15.03.2017 and remanded the ma...

Supreme Court

Supreme Court Dismisses Appeal in NDPS Case Seeking CBI Investigation Over Alleged Illegal Abduction. Transfer to CBI Not Warranted as Mere Allegations Against Police Do Not Meet Exceptional Circumstances Under Established Guidelines, and Issues Can Be Raised in Trial.

28 Feb 2023

The Supreme Court heard appeals arising from two Special Leave Petitions challenging orders of the High Court of Chhattisgarh, Bilaspur. The appellant...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Restoring Trial Court Orders on Complaint Maintainability and Deposition Authority. Complaint Filed Through Authorised Representative Under Section 138 of Negotiable Instruments Act, 1881 Held Maintainable as Power of Attorney Contained Specific Sub-delegation Clause and Holder Had Personal Knowledge of Transactions.

20 Feb 2023

The dispute arose from a complaint filed by M/s. Mita India Pvt. Ltd. (appellant company) against Mahendra Jain (respondent) under Section 138 read wi...

Supreme Court

Supreme Court Sets Aside Conviction in Negotiable Instruments Act Case Due to Settlement Agreement. Court held that settlement between parties amounts to compounding of offence under Section 138 of Negotiable Instruments Act, 1881, and High Court erred in confirming conviction when parties had agreed to resolve dispute amicably or through arbitration.

1 Feb 2023

The Supreme Court heard appeals against the High Court's order confirming the appellants' conviction under Section 138 of the Negotiable Instruments A...

Supreme Court

Supreme Court Quashes Summons Against Accused Not Named in Police Report Under Section 190(1)(b) CrPC. Magistrate Cannot Summon Persons Not Named in Police Report or Column (2) of Report, Proper Course is Under Section 319 CrPC After Evidence Collection.

16 Mar 2022

The Supreme Court addressed an appeal concerning the power of a Magistrate to summon an individual not named in a police report under Section 190(1)(b...

Supreme Court

Supreme Court Quashes Proceedings Against Company Chairman in Corruption Case Due to Lack of Criminal Intent and Compliance with Tax Demand. Criminal Liability Under Prevention of Corruption Act and IPC Not Made Out as Differential Road Tax Was Paid Upon Demand Under Section 8A of Karnataka Motor Vehicles Taxation Act, 1957, Rendering Proceedings Abuse of Process.

14 Mar 2022

The appeal arose from an order of the Dharwad Bench of the High Court of Karnataka dismissing a criminal petition under Section 482 of the Code of Cri...

Supreme Court

Supreme Court Quashes High Court Order Summoning Accused Under Section 319 CrPC Due to Insufficient Evidence and Casual Approach. High Court Erred in Setting Aside Trial Court's Rejection of Application Without Adhering to Principles Requiring Strong and Cogent Evidence from Trial Evidence Under Section 319 of Code of Criminal Procedure, 1973.

10 Mar 2022

The appeal arose from a criminal case involving the murder of Nitin, where the complainant sought to summon the appellant as an accused under Section ...

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