Search Results for "Summoning"

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Supreme Court Allows Appeal in SC/ST Act Case by Setting Aside High Court's Remand Order and Upholding Cognizance. Cognizance Order Under Section 204 CrPC Does Not Require Detailed Reasons as Magistrate Applied Mind to Case Diary and Record, Making Remand Unnecessary.

The appeal arose from a criminal case involving allegations under the Indian Penal Code, 1860 and the Scheduled Castes and the Scheduled Tribes (Preve...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations. Criminal proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot be initiated against directors without specific averments of their role in the company's affairs.

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging a common order dated...

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Bombay High Court Quashes Defamation Complaint Against Company Officials for Termination Letter Sent to Prospective Employer. Communication of termination to a prospective employer does not amount to publication to a third party under Section 500 IPC.

The applicants, who were employees of Future Generali India Life Insurance Company Limited, challenged an order dated 30/11/2017 passed by the Judicia...

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Supreme Court Quashes High Court Order Granting Back Wages to Medical Officer in Service Dispute. Transfer Order Deemed Communicated Upon Dispatch Under Fundamental Rules, and Back Wages Denied for Period of Non-Joining Without Valid Justification.

The appeal arose from a dispute between the State of Uttar Pradesh and Dr. Manoj Kumar Sharma, a Medical Officer, concerning back wages for the period...

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Supreme Court Allows Appeal Against Quashing of Criminal Process in Forgery Case — High Court Exceeded Jurisdiction by Evaluating Merits at Summoning Stage. Criminal proceedings cannot be quashed merely because allegations appear civil if ingredients of offence are prima facie made out.

The appellant, Sau. Kamal Shivaji Pokarnekar, filed a criminal complaint alleging that the respondents committed forgery and prepared false documents,...

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High Court of Karnataka Quashes NBW Against Petitioner in SC/ST Act Case — Substitution of Accused Name Without Proper Investigation Invalid. Court holds that police cannot substitute accused name in charge sheet without further investigation under Section 173(8) CrPC.

The petitioner, Abdul Kareem, filed a petition under Section 482 CrPC seeking quashing of an order dated 24.07.2014 passed by the learned Sessions Jud...