Search Results for "Section 197"

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Search Results for "Section 197"

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Supreme Court

Supreme Court Restores POCSO and IT Act Charges in Child Pornography Case — High Court Erred in Quashing Chargesheet Without Considering Presumption of Culpable Mental State. Possession of Child Pornographic Material, Even Without Intent to Distribute, Constitutes an Offence Under Section 15(1) of POCSO and Section 67B of IT Act.

23 Sep 2024

The Supreme Court allowed the appeals filed by Just Rights for Children Alliance and another child rights organization against the judgment of the Mad...

Supreme Court

"Supreme Court of India Resolves Complexities in Taxation of Mineral Rights" "Judgment Clarifies Legislative Powers and the Nature of Royalty in Mining Sector"

25 Jul 2024

The Supreme Court of India addressed a significant dispute regarding the distribution of legislative powers between the Union and the States, specific...

Supreme Court

Supreme Court Quashes High Court's Interim Orders Staying Criminal Proceedings and ED Investigation in Loan Default and Money Laundering Case. The Court held that blanket stay of investigation under Prevention of Money Laundering Act, 2002 and Indian Penal Code, 1860 was impermissible as it obstructed statutory powers and involved factual adjudication unsuitable for writ jurisdiction under Article 226.

13 Feb 2024

The Supreme Court addressed appeals against interim orders passed by the High Court of Judicature at Allahabad, which had stayed criminal proceedings ...

High Court

High Court of Karnataka Allows Second Appeal in Property Dispute Against Municipal Council — Limitation for Suit by Tenant Against Landlord Not Applicable to Suit for Injunction Against Municipal Council. The suit for permanent injunction against municipal council for interference with possession is governed by Article 58 of Limitation Act, 1963, and limitation begins when right to sue accrues, not from date of alleged encroachment.

17 Nov 2023

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) arises from a suit for permanent injunction filed by th...

High Court

Bombay High Court Quashes Discharge of Notary in Forgery Case — Prima Facie Evidence of Conspiracy to Cheat Widow by Forging Will of Comatose Father-in-Law. The court held that at the stage of framing of charge, only a prima facie case is required and strong suspicion of forgery of a will by a notary while the testator was in coma warrants framing of charges under Sections 420, 467, 471, 472 read with Section 34 and Section 120B of the Indian Penal Code, 1860.

6 Jun 2023

The petitioner, Smt. Seema Hitesh Khandelwal (informant), filed a criminal writ petition under Articles 226 and 227 of the Constitution of India chall...

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

Bombay High Court Quashes Investigation Order Against Chief Secretary in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act. Court held that no court can take cognizance of an offence under the Act without prior sanction for prosecution of a public servant, and the order under Section 156(3) CrPC directing investigation was invalid as it effectively bypassed the mandatory sanction requirement.

22 Apr 2019

The applicant, UPS Madan, who was the Additional Chief Secretary (Finance) and later Chief Secretary of Maharashtra, filed an application under Sectio...

High Court

Bombay High Court Quashes Defamation Complaint Against BSNL Employee for Lack of Sanction Under Section 197 CrPC. Accused's Official Capacity Acts as Bar to Prosecution Without Prior Government Approval.

23 Nov 2017

The case involves a private complaint filed by Ramesh Tukaram Diwate (complainant) against Padmakar Gajananrao Pande (accused) under Section 500 of th...

High Court

Bombay High Court Allows Writ Petition Against TDS Demand on Arbitral Award Deposits — Income Tax Officer Cannot Treat Court-Ordered Deposits as Income Until Final Determination of Rights. The court held that amounts deposited in court pursuant to a conditional stay order and withdrawn against a bank guarantee are not 'income' liable to Tax Deduction at Source under Section 194A of the Income Tax Act, 1961.

21 Feb 2013

The petitioner, DSL Enterprises Private Limited, is a company incorporated under the Companies Act, 1956, as a successor in interest of Datar Switchge...

High Court

Bombay High Court Quashes FIR Against Husband in Matrimonial Dispute — Consent Terms for Quashing of Cross FIRs Upheld Despite Non-Deposit of Amount Due to Wife's Refusal to Accept. The Court held that the wife's refusal to accept the deposited amount and filing a fresh FIR constituted an abuse of process, and the earlier consent terms were binding.

8 Jul 2010

The petitioner, Rakesh Lilaram Rohira, and respondent no. 2, Priyanka Rakesh Rohira, were married on 14 July 2006. After about a year of cohabitation,...

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