Search Results for "Section 441 IPC"

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Bombay High Court Dismisses Petitioner's Challenge to Magistrate's Order Directing FIR Registration Under IPC Sections 406, 420, 467, 468, 471, 120-B — Magistrate's Power Under Section 156(3) CrPC to Order Investigation Upheld Despite Prior Charge-Sheet in Related Matter.

The petitioner, Mahendra s/o Kanhaiyyalal Jain, filed four criminal writ petitions under Article 226 of the Constitution and Section 482 of the Code o...

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Supreme Court Allows State's Appeal Against Quashing of Second FIR in Corruption Case — Second FIR Permissible When It Discloses Distinct and Separate Incidents Not Part of Same Transaction.

The Supreme Court allowed the appeal filed by the State of Rajasthan against the judgment of the Rajasthan High Court quashing the second FIR register...

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Supreme Court Grants Bail to Former Minister in PMLA Case Due to Prolonged Incarceration and Delay in Trial. Right to Speedy Trial Under Article 21 Prevails Over Twin Conditions Under Section 45 PMLA Where Trial of Scheduled Offences is Unlikely to Conclude in Near Future.

The appellant, V. Senthil Balaji, a former Transport Minister of Tamil Nadu, was arrested on 14 June 2023 by the Enforcement Directorate (ED) in conne...

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Supreme Court Enhances Sentence in Bigamy Case Under Section 494 IPC — Emphasizes Proportionality in Sentencing and Rejects Fleabite Punishment. The Court held that inadequate sentences undermine public confidence and ordered one year rigorous imprisonment for the accused.

The appellant, the husband, filed a private complaint under Section 200 CrPC against his wife (accused No.1) and her second husband (accused No.2) for...

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Supreme Court Dismisses Appeal in Cheque Dishonour Case Due to Contradictory Evidence and Failure to Rebut Presumption. Appellant failed to prove legally enforceable debt as cheque was issued as security and loan transaction not reflected in income tax returns.

The appellant, Sri Dattatraya, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Sharanappa...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC set aside as dying declarations lacked consistency and corroboration, failing to prove guilt beyond reasonable doubt.

The appellant, Nasib Osman Pathan, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his wife, Seema, by setting her on...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Identification. Identification of accused in darkness based on torchlight held insufficient to sustain conviction under Sections 302, 307, 147, 148, 149 IPC.

The State of Maharashtra appealed against the judgment of the Additional Sessions Judge-IV, Akola in Sessions Trial No. 35/2015 dated 05.03.2018, whic...

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Bombay High Court Allows Release of Attached Property After Acquittal in Criminal Case — Petitioner Acquitted in 2012, Attachment Under Section 82 CrPC Ceases Upon Appearance and Acquittal.

The petitioner, Sikandar alias Shaikhlal Lalasaheb Deshinge, was an accused in a criminal case. On 16/07/1990, a proclamation under Section 82 of the ...

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Bombay High Court Quashes Process in Defamation Case Against Accused No.1 Due to Lack of Prima Facie Evidence. Allegations of Criminal Conspiracy Under Section 120-B IPC Not Made Out as Petitioner Was Not Shown to Have Authored or Sent Defamatory Letter.

The petitioner, Anandt Hiraman Ghatole, filed a criminal writ petition before the Bombay High Court at Nagpur challenging the order dated 25.3.2009 pa...

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Bombay High Court Dismisses Criminal Revision Applications Against Defamation Complaints — Complaints Under Section 499 IPC Not Barred by Limitation as Each Publication Constitutes a Separate Offence.

The applicant, Valmiki Faleiro, filed four criminal revision applications challenging the orders of the Judicial Magistrate First Class, Margao, takin...