Search Results for "Nikhil Merchant"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "Nikhil Merchant"

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Supreme Court

Supreme Court Refers to Larger Bench the Question of Quashing Non-Compoundable Offences Under Section 482 CrPC Based on Settlement, Reconsidering B.S. Joshi, Nikhil Merchant, and Manoj Sharma. The Court Doubts Whether Non-Compoundable Offences Can Be Indirectly Compounded via Inherent Powers, Noting Section 320(9) CrPC's Bar.

1 Aug 2026

The matter arose from a Special Leave Petition filed by one Gian Singh, who had been convicted under Sections 420 (cheating) and 120B (criminal conspi...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Borrowers in Bank Fraud Case After Settlement of Civil Liability. The Court held that the dispute was essentially civil/commercial, with no wrongful loss to the bank after full payment, making continuation of proceedings under Sections 419, 420, 467, 468, 471, 120B IPC and Section 13 PC Act an abuse of process under Section 482 CrPC and Article 226 of the Constitution.

16 Apr 2025

The appeal arose from a challenge to the High Court's order dismissing a petition to quash an FIR and charge sheet filed by the Central Bureau of Inve...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Guarantors in Bank Fraud Case Due to Settlement — Wives of Main Accused with No Active Role Entitled to Relief. Settlement of Civil Dues and Lack of Specific Role Justify Quashing of Charges Under Section 482 CrPC.

4 Oct 2024

The Supreme Court allowed the appeal filed by K. Bharthi Devi and another (Accused Nos. 3 and 4) against the judgment of the High Court of Judicature ...

High Court

Bombay High Court Dismisses Discharge Application of Accused in Bank Fraud Case Due to Prima Facie Evidence of Conspiracy. Court holds that charge-sheet allegations sufficiently indicate involvement of accused no.5 in criminal conspiracy and misappropriation of bank funds under IPC and PC Act.

22 Feb 2024

The applicant, original accused no.5, filed a criminal application under Section 482 Cr.P.C. challenging the order dated 13/08/2018 passed by the Spec...

High Court

Bombay High Court Dismisses Discharge Application of Accused in Bank Fraud Case Due to Prima Facie Evidence of Conspiracy. Allegations of conspiracy between bank officials and partners of a firm to sanction credit facilities beyond limits and misappropriate funds under IPC and PC Act warrant trial.

22 Feb 2024

The applicant, original accused no.5, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 challenging the order dat...

Supreme Court

Supreme Court Dismisses Appeal in Companies Act Case Due to Lack of Locus Standi and Defunct Company Status. Appellant Failed to Establish Directorship or Aggrieved Person Status Under Section 560(5) of Companies Act, 1956, with Company Deemed Defunct Under Section 3 After Striking Off in 2006.

29 Sep 2022

The appeal arose from a dispute over the striking off of Basanti Cotton Mills (1998) Private Limited's name from the register of the Registrar of Comp...

High Court

Bombay High Court Allows Quashing of Conviction in Non-Compoundable Offences Based on Settlement — Inherent Powers Under Section 482 CrPC Can Be Exercised Even After Conviction, Subject to Guidelines. The Court Held That While Section 320 CrPC Restricts Compounding, Section 482 CrPC Provides Independent Power to Quash in the Interest of Justice, and Laid Down Guidelines for Such Exercise.

5 Jan 2021

The judgment arises from a reference made to a larger bench of the Bombay High Court to resolve the contentious issue regarding the scope of power und...

High Court

Bombay High Court Dismisses Petition Challenging Sanction for Prosecution Under Prevention of Corruption Act — Sanction Order Not Required to Be a Speaking Order. Court held that the sanction order under Section 19 of the Prevention of Corruption Act, 1988 need not contain detailed reasons and can be based on material placed before the sanctioning authority.

12 Jul 2018

The petitioner, Nandlal Chaturvedi, filed a criminal writ petition under Article 227 of the Constitution of India challenging the order dated 29th Jan...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Discharge Application in CBI Bank Fraud Case — Petitioner Failed to Make Out a Case for Discharge Under Section 227 CrPC as Prima Facie Evidence of Conspiracy and Fraud Existed.

12 Jul 2018

The petitioner, Nandlal Chaturvedi, filed a criminal writ petition under Article 227 of the Constitution of India challenging an order dated 29 Januar...

High Court

High Court of Karnataka Dismisses CBI Appeal Against Acquittal in Bank Fraud Case — No Evidence of Criminal Conspiracy or Cheating. The court upheld the acquittal of the accused for offences under Section 120-B read with 420 IPC, finding that the prosecution failed to prove the existence of a criminal conspiracy or dishonest intention beyond reasonable doubt.

25 Jan 2016

The case pertains to an appeal filed by the Central Bureau of Investigation (CBI) against the acquittal of the respondent, Mohammed Yousuf, who was ac...

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