Search Results for "Maintainability of Complaint"

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Search Results for "Maintainability of Complaint"

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High Court

High Court of Karnataka Quashes Criminal Proceedings Against Accused in Bonded Labour and SC/ST Act Case — Complaint by Labour Inspector Lacks Sanction Under Section 197 CrPC. Proceedings under Sections 374, 344, 504, 370 r/w 34 IPC, Sections 16, 17, 18 of Bonded Labour System (Abolition) Act, 1976, and Section 3(1)(h) of SC/ST (Prevention of Atrocities) Act, 1989 Quashed as Complaint Filed Without Requisite Sanction for Prosecution of a Public Servant.

17 Sep 2024

The petitioners, accused Nos. 1 and 2, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code...

High Court

High Court of Karnataka Quashes Bar Council Notice for Lack of Jurisdiction in Professional Misconduct Complaint — Complaint Filed by Judgment Debtor Against Decree Holder's Advocate Not Maintainable Under Section 35 of Advocates Act, 1961

7 Jun 2024

The petitioner, Sri Paras Jain, an advocate practicing in Bengaluru for 44 years, filed a writ petition under Article 227 of the Constitution of India...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Restoring Trial Court Orders on Complaint Maintainability and Deposition Authority. Complaint Filed Through Authorised Representative Under Section 138 of Negotiable Instruments Act, 1881 Held Maintainable as Power of Attorney Contained Specific Sub-delegation Clause and Holder Had Personal Knowledge of Transactions.

20 Feb 2023

The dispute arose from a complaint filed by M/s. Mita India Pvt. Ltd. (appellant company) against Mahendra Jain (respondent) under Section 138 read wi...

High Court

Bombay High Court Dismisses Petition Challenging Industrial Court Order in Unfair Labour Practice Case — Voluntary Retirement Scheme Acceptance and Payment of Dues Barred Complaint. Acceptance of VRS Benefits Without Timely Challenge Estops Employee from Alleging Coercion Under MRTU & PULP Act, 1971.

9 Aug 2016

The petitioner, Mrs. Ashalata Shridhar Tawate, joined Overseas Communications Services (OCS) in September 1975, which was later taken over by Videsh S...

High Court

Bombay High Court Dismisses Petition Challenging Industrial Court Order in Unfair Labour Practice Case — Voluntary Retirement Scheme Acceptance and Payment of Dues Barred Complaint. Acceptance of VRS Benefits Creates Estoppel Against Challenging the Scheme Under MRTU & PULP Act, 1971.

9 Aug 2016

The petitioner, Mrs. Ashalata Shridhar Tawate, joined Overseas Communications Services (OCS) in September 1975, which was later taken over by Videsh S...

High Court

Bombay High Court Dismisses Partner's Challenge to Prosecution Under Section 138 NI Act Without Joining Firm. Partnership Firm Not a Separate Legal Entity; Partner Can Be Prosecuted Individually for Cheque Dishonour.

29 Jan 2016

The case involves four criminal writ petitions filed by the petitioner, Philip J., challenging the order dated 23 July 2013 passed by the Additional S...

High Court

Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Pending Civil Suit — Complaint Held Not Maintainable When Civil Remedy Sought for Same Cause of Action

13 Jan 2015

The petitioner, Dada Govindrao Dhabre, challenged the order of issuance of process and direction for framing of charge against him under Sections 420,...

High Court

Bombay High Court Quashes Criminal Proceedings in Electricity Theft Case Due to Lack of Mandatory Sanction Under Section 50 of Indian Electricity Act, 1910. Prosecution Initiated Without Sanction from Appropriate Government is Void Ab Initio.

24 Nov 2014

The petitioner, Dr. Makrand Balkrishna Patwardhan, a medical practitioner, was prosecuted for theft of electrical energy under Sections 39, 44 and 50 ...

High Court

Bombay High Court Quashes Complaint Against Doctor in Pre-Natal Diagnostic Techniques Act Case — Lack of Sanction and Invalid Authorization. Complaint filed by Appropriate Authority without valid sanction under Section 28 of the Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 is not maintainable.

9 May 2014

The petitioner, Dr. Ravindra Kashinath Kulkarni, a medical practitioner, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench...

High Court

Bombay High Court Allows Appeal Against Acquittal in Negotiable Instruments Act Case — Co-operative Society Entitled to Maintain Complaint Under Section 138. The court held that a co-operative society is a 'body corporate' and can maintain a complaint under Section 138 of the Negotiable Instruments Act, 1881, and the accused failed to rebut the presumption under Section 139.

7 Feb 2014

The appellant, a co-operative society registered under the Maharashtra Co-operative Societies Act, filed a complaint under Section 138 of the Negotiab...

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