Search Results for "Summoning Order"

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Supreme Court

Supreme Court Quashes Summoning Order Against Director in Cheque Dishonour Case Under Negotiable Instruments Act, 1881. The Court held that mere directorship and signing of board resolution do not establish liability under Section 141 NI Act, as specific averments of being in charge of and responsible for company's business conduct are required.

7 Apr 2026

The dispute arose from a cheque dishonour case under Sections 138 and 142 of the Negotiable Instruments Act, 1881, where the appellant, a director of ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Film Director in Copyright Infringement Case Due to Lack of Prima Facie Evidence and Non-Application of Mind by Magistrate. The Court Found Proceedings Were Manifestly Frivolous as Appellant's Film Script Was Registered Years Before Complainant's Script and Expert Committee Had Already Determined No Similarity Between Works Under Section 63 of Copyright Act, 1957.

20 Mar 2026

The appeal arose from criminal proceedings initiated against a film director for alleged copyright infringement under the Copyright Act, 1957. The app...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Respondents Under Drugs and Cosmetics Act Due to Lack of Mandatory Enquiry Under Section 202 CrPC -- Misbranding Allegations Fail on Jurisdictional Grounds

26 Feb 2026

The Supreme Court addressed criminal appeals arising from a complaint under the Drugs and Cosmetics Act, 1940, alleging misbranding of a vaccine by th...

Supreme Court

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.

23 Apr 2025

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

Supreme Court

Supreme Court Quashes Criminal Proceedings in Property Sale Dispute Due to Lack of Criminal Intent and Civil Nature of Allegations. The Court held that mere breach of contract does not constitute cheating under Section 415 IPC, and criminal proceedings under Sections 420, 406, 354, 504, and 506 IPC were an abuse of process as the dispute involved non-payment of sale consideration and sale of property at a lower price, which are civil matters.

16 Apr 2025

The Supreme Court addressed a dispute arising from an oral agreement for the sale of a property in Kanpur, Uttar Pradesh, between the appellants (sell...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Managing Director in Cheating Case Based on Res Judicata and Lack of Specific Allegations. The Court held that findings from previous Section 138 Negotiable Instruments Act proceedings are binding under res judicata, and prosecuting a director without arraying the company as an accused under Section 420 Indian Penal Code is impermissible.

16 Apr 2025

The dispute arose from business dealings between Ruchira Papers Ltd., represented by its Managing Director S.C. Garg (appellant), and I.D. Packaging, ...

Supreme Court

Supreme Court Quashes Summoning Order Against Relatives in Dowry Harassment Case Due to Lack of Specific Allegations and Dissolved Marriage. The Court held that proceedings under Section 498A IPC and Section 4 of the Dowry Prohibition Act, 1961, cannot be sustained against relatives when the marriage was already dissolved by divorce decree and allegations are vague and unsupported.

16 Apr 2025

The dispute arose from a criminal complaint filed by the wife against her husband and his relatives under Sections 498A, 323, 504, 506 of the Indian P...

Supreme Court

Supreme Court Dismisses Appeal by Police Officers in Criminal Case Due to Lack of Requirement for Prior Sanction. Allegations of Assault and Defamation Not Connected to Official Duties Under Section 197 CrPC and Section 170 Karnataka Police Act, 1963, Thus Sanction Not Mandatory.

3 Apr 2025

The dispute arose from a private complaint filed by the complainant against police officers, alleging assault, torture, defamation, and theft during i...

Supreme Court

Supreme Court Allows Complainant's Appeal in Criminal Procedure Case, Reinstating Summons Under Section 319 CrPC. The High Court's Premature Interference with Trial Court's Summons Based on Eyewitness Evidence and Prima Facie Satisfaction Was Set Aside, Emphasizing the Court's Duty to Ensure Justice Under Section 319 of the Code of Criminal Procedure, 1973.

26 Mar 2025

The Supreme Court heard appeals against an order of the Punjab and Haryana High Court which had set aside summons issued under Section 319 of the Code...

Supreme Court

Negotiable Instruments Act, 1881 – Section 138 – Insolvency and Bankruptcy Code, 2016 – Section 14, Section 17 – Criminal Procedure Code, 1973 – Section 482 – Moratorium under IBC bars proceedings against a corporate debtor but not against a natural person – Cause of action under Section 138 of NI Act arises after the issuance of demand notice – High Court erred in relying on P. Mohan Raj – Appellant’s petition under Section 482 CrPC ought to have been allowed – Complaint and summoning order quashed.

17 Mar 2025

The Supreme Court distinguished the case from P. Mohan Raj, holding that the cause of action under Section 138 NI Act arose after the moratorium was i...

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