Search Results for "prosecution without adjudication"

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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "prosecution without adjudication"

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Supreme Court

Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

1 Aug 2026

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

High Court

Bombay High Court Dismisses Petition Challenging Provisional Attachment Order Under PMLA — Upholds Validity of Section 5(1) Attachment Without Prior Show Cause Notice. Court holds that provisional attachment under Section 5(1) of PMLA is an interim measure and does not require prior hearing, as the Act provides for post-decisional hearing under Section 8.

24 Nov 2025

The petitioners, Mr. Naresh T. Jain and two companies, challenged a provisional attachment order dated 30th September 2021 passed by the Director of E...

Supreme Court

Supreme Court Allows Bail in Elgar Parishad Case: High Court Erred in Remanding Bail Application Without Considering Merits Despite Supplementary Chargesheet. The Court held that the High Court must consider the entire material, including supplementary chargesheet, while exercising its bail jurisdiction under Section 439 CrPC, and the bar under Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967 requires a prima facie assessment of the accusation.

15 Apr 2024

The appellant, Shoma Kanti Sen, was arrested on 06.06.2018 in connection with FIR No. 04/2018 registered at Vishrambaug Police Station, Pune, alleging...

High Court

High Court of Bombay Dismisses Insolvency Petition Against Debtor for Non-Compliance with Notice of Motion Requirement Under Presidency Towns Insolvency Act, 1909 — Petition Filed Within Three Months of Act of Insolvency but Notice of Motion Not Disposed of Before Petition Filing.

5 Dec 2023

The Petitioning Creditor, M/s Sanskar Gem Pvt. Ltd., filed an insolvency petition under the Presidency Towns Insolvency Act, 1909, seeking an order of...

Supreme Court

Supreme Court Considers Transfer Petition in Murder Trial Amid Allegations of Unfair Proceedings and Political Interference. Transfer sought under Section 406 CrPC due to alleged political vendetta, witness intimidation, and procedural irregularities including withdrawal of prosecution under Section 321 CrPC set aside by High Court.

17 Mar 2023

The Supreme Court considered a transfer petition filed under Section 406 of the Code of Criminal Procedure, 1973, by the brother of a deceased victim ...

High Court

Supreme Court Allows Transfer of Murder Trial from West Bengal to Assam Due to Apprehended Bias and Mala Fide State Action. State's Attempt to Withdraw Prosecution Under Section 321 CrPC Set Aside as Arbitrary, and Trial Court's Conduct Raises Doubts on Fair Trial.

1 Jan 2023

The case arises from a transfer petition filed by Afjal Ali Sha, brother of the deceased Kurban Sha, seeking transfer of the murder trial (S.T. No. 1 ...

High Court

Bombay High Court Grants Bail to Former Home Minister in PMLA Case — Twin Conditions Under Section 45 Not Satisfied. Applicant held entitled to bail as ED failed to demonstrate reasonable grounds for believing applicant guilty of money laundering under PMLA.

4 Oct 2022

The applicant, Anil Vasantrao Deshmukh, a former Home Minister of Maharashtra, filed a bail application under the Prevention of Money Laundering Act, ...

High Court

Karnataka High Court Sets Aside Special Judge's Order Dismissing Private Corruption Complaint Due to Erroneous Sanction Requirement. Court Holds That Section 17A of Prevention of Corruption Act Does Not Bar Pre-Cognizance Investigation Order Under Section 156(3) Cr.P.C., and Complaint Against Non-Public Servants Cannot be Dismissed Solely for Lack of Sanction Against Public Servants.

7 Sep 2022

The petitioner, a private complainant, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, assailing the order dated ...

Supreme Court

Supreme Court Allows Compounding Application in SEBI Act Case, Overturning Lower Court Decisions on Consent Requirement. Court Holds That Section 24A of Securities and Exchange Board of India Act, 1992 Does Not Mandate SEBI's Consent for Compounding, and Compounding Can Be Considered at Advanced Trial Stages Based on Factual Assessment.

23 Jul 2021

The dispute arose from a criminal prosecution under Section 24(1) of the Securities and Exchange Board of India Act, 1992, against the appellant, a di...

Supreme Court

Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

1 Jan 1970

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...

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