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Search Results for "Quashing of proceedings"

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High Court

High Court of Karnataka Quashes Proceedings Against Accused No.2 in NDPS Case Due to Non-Compliance with Mandatory Provisions of Sections 41, 42, and 50 of NDPS Act. Search and Seizure Conducted by Police Officer Not Empowered Under Section 41(2) and Without Following Section 50 Procedure Renders Proceedings Invalid.

7 Dec 2022

The petitioner, Sri Rangappa, accused No.2 in C.C. No.340/2021 (old C.C. No.234/2020) pending before the Principal Civil Judge (Sr. Dn.) and CJM Court...

High Court

High Court of Karnataka Quashes Proceedings Against Directors in Cheque Dishonour Case — Directors Not in Charge of Company Affairs at Relevant Time. Section 138 NI Act Liability Requires Active Role in Business; Vicarious Liability Not Automatic for All Directors.

2 Nov 2022

The petitioners, Heena Thirumali Sateesh and Hanumanth Inamdar, were directors of Hoysala Projects Private Limited. The respondent, M/s Minimelt Engin...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Non-Compliance with Mandatory Pre-Litigation Notice Requirements Under Section 138 of Negotiable Instruments Act, 1881. The statutory notice must demand payment of the cheque amount; a notice that only threatens legal action is invalid and cannot sustain prosecution.

21 Oct 2022

The petitioner, Sri M. Gopal, was the accused in C.C. No. 561/2016 pending before the Principal Civil Judge and JMFC, Mulabagal, arising out of P.C.R....

High Court

High Court of Karnataka Quashes Proceedings Under Environment Protection Act for Noise Pollution Allegations — Lack of Sanction Under Section 15(1) Renders Prosecution Invalid. The Court held that cognizance of an offence under Section 15(1) of the Environment (Protection) Act, 1986 without prior sanction by the Central Government or authorized officer is illegal and proceedings are liable to be quashed.

30 Sep 2022

The petitioner, Mahendra Solanki, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of proceedings...

High Court

High Court of Karnataka Quashes Cognizance Orders in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice. The court held that when a demand notice sent by registered post is returned as 'unclaimed', the complainant must prove deliberate avoidance by the accused to sustain cognizance under Section 138 of the Negotiable Instruments Act, 1881.

21 Sep 2022

The petitioner, Sri H.N. Nagaraj, filed multiple criminal petitions under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash orders...

High Court

High Court of Karnataka Quashes NDPS Proceedings Against Accused Due to Non-Compliance with Section 42 of NDPS Act. Failure to Record Credible Information in Writing Renders Search Illegal, Entitling Accused to Benefit of Doubt.

21 Sep 2022

The petitioner, Mruthyunjaya, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the entire proceeding...

High Court

High Court Quashes Criminal Proceedings Against Company and Contractors Under Contract Labour Act for Lack of Sanction — Prosecution Without Prior Sanction Under Section 34 of CLRA Act is Barred by Law.

26 Aug 2021

The petitioners, M/s. Kurlon Enterprise Limited (Foam Unit) and two individuals (Sri. Thimmarayappa and Sri. Y.R. Muraju), filed writ petitions under ...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice. The court held that service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be proved by the complainant, and mere endorsement of 'refused' on the returned envelope is insufficient without further evidence.

25 Jun 2021

The petitioner, IBM India Private Limited, filed writ petitions under Articles 226 and 227 of the Constitution read with Section 482 CrPC to quash the...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Prove Service of Demand Notice as Required by Law.

7 Oct 2013

The applicants (accused) filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of criminal proceedin...

High Court

Bombay High Court Quashes Chapter Proceedings for Non-Compliance with Mandatory Requirements Under Sections 110(e) and (g) CrPC. Failure to Record Separate Order and Furnish Copy to Accused Renders Proceedings Illegal.

23 Aug 2013

The petitioners, Vijay Purshottam Salvi @ Tambat, Sanjay Govind Naidu, and Shivaji Ravindra Kumbhar, filed three separate criminal writ petitions chal...

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