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Search Results for "Quashing of proceedings"

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High Court

High Court of Karnataka Quashes Criminal Proceedings Against Advocate for Lack of Sanction Under Section 197 Cr.P.C. — Alleged Misrepresentation in Bail Petition Not an Offense Without Proof of Falsity. Court Held That Prior Sanction Is Mandatory for Prosecution of a Public Servant for Acts Done in Discharge of Official Duty.

10 Dec 2021

The petitioner, Moseen S/o Annis Shaikh, an LL.B student and advocate, filed a petition under Section 482 Cr.P.C. seeking quashing of the order dated ...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Former Officers of Mysore Paper Mills in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988 Renders Proceedings Invalid. The court held that the order taking cognizance without prior sanction is invalid and the proceedings are liable to be quashed.

25 Nov 2021

The petitioners, former officers of Mysore Paper Mills (a State Government undertaking), challenged the order dated 06-05-2013 passed by the Principal...

High Court

High Court of Karnataka Quashes Cheque Dishonour Proceedings Against Partners Due to Lack of Specific Averments of Vicarious Liability. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails to satisfy requirements of Section 141 of the Act for imputing liability on partners.

15 Sep 2021

The petitioners, accused No.1 (M/s. Conserve Ready Mix Concrete, a partnership firm) and accused No.2 and 3 (partners of the firm), filed a petition u...

High Court

High Court of Karnataka Quashes Proceedings Against Proprietor in Fertilizer Quality Case — Complaint Filed Without Proper Sanction Under Section 19(1) of Fertilizer Control Order, 1985 and Sections 3 and 7 of Essential Commodities Act, 1955. The court held that the absence of mandatory sanction renders the complaint not maintainable and the proceedings are liable to be quashed.

2 Sep 2021

The petitioner, Mahadevappa S/o Shivappa, proprietor of Veerbhadreshwar Agro Agency, Shahapur, filed a Criminal Petition under Section 482 of the Code...

High Court

High Court of Karnataka Quashes SARFAESI Proceedings Against Company Under CIRP — Resolution Professional Entitled to Possession of Assets. Held that Section 14 of IBC overrides SARFAESI Act and other laws, and the moratorium under IBC bars any proceedings against the corporate debtor's assets.

24 May 2021

The petitioner, M/s. Dreams Infra India Pvt. Ltd., represented by its Resolution Professional Sri Ashok Kriplani appointed by the National Company Law...

High Court

High Court of Karnataka Quashes Proceedings Against Police Officers in Custodial Torture Case — Lack of Sanction Under Section 197 CrPC and Inherent Power Under Section 482 CrPC. Proceedings in S.C.No.145/2019 for offences under Sections 167, 330, 342, 348, 307 read with 149 IPC quashed as sanction under Section 197 CrPC was not obtained and continuation would be abuse of process.

24 May 2021

The petitioners, seven police officers, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the enti...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Former Directors in Companies Act Complaint — Complaint Barred by Limitation and Filed Without Mandatory Sanction. The court held that the complaint under Section 538(1)(c) of the Companies Act, 1956 was time-barred under Section 468 Cr.P.C. and lacked prior sanction under Section 538(3) of the Act, warranting quashing of proceedings.

23 Mar 2021

The present criminal petition was filed by Sri Avinash Subramanyam and Smt. Vani Sharma, former directors of M/s. Shimbu Imports and Exports (P) Ltd. ...

High Court

High Court of Karnataka Quashes Corruption Proceedings Against Police Inspector for Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Sanction for prosecution is a condition precedent to taking cognizance of offences under the Act, and its absence renders the proceedings void ab initio.

26 Feb 2021

The petitioner, an Inspector of Police, was accused No.1 in Special Case No.5004/2017 pending before the III Additional District and Sessions Judge, B...

High Court

High Court of Karnataka Quashes Criminal Defamation Case Against 23 Accused for Lack of Sanction Under Section 199 CrPC. Private Complaint for Defamation Under Section 500 IPC Cannot Proceed Without Prior Sanction from Competent Authority When Alleged Defamation Relates to Publication of a Report by a Public Servant in Official Capacity.

15 Feb 2021

The petitioners, 23 individuals, were accused in a private complaint filed by the respondent under Section 500 of the Indian Penal Code, 1860 (IPC) fo...

High Court

High Court of Karnataka Quashes Proceedings Against Partner in Cheque Dishonour Case Due to Lack of Specific Allegations. Section 138 NI Act complaint fails to attribute any role to the partner in the issuance of the cheque.

11 Feb 2021

The petitioner, Smt. K. Surekha, was a partner of a firm. The respondent, A. Santosh Kumar, filed a private complaint under Section 138 of the Negotia...

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