Search Results for "distinct offences"

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Search Results for "distinct offences"

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High Court

Gujarat High Court Quashes FIR Against Government Employee for Absence During COVID-19 Pandemic: Section 188 IPC and Disaster Management Act Offences Not Made Out as Order Was Not Promulgated by Public Servant. The court held that an order communicated via WhatsApp and telephonic instructions does not constitute a 'duly promulgated' order under Section 188 IPC, and the order to report to duty was not an order under the Disaster Management Act, 2005.

17 Mar 2026

The present application was filed by Fazal Mohammad Jusabji Khatri, a Deputy Executive Engineer, seeking quashing of FIR No. C. R. 1121101520051 of 20...

Supreme Court

Supreme Court clarifies the scope of possession of child pornography under POCSO and IT Act. Mere possession or downloading of child pornography is not an offense under POCSO unless accompanied by intent to distribute or transmit. However, POCSO's strict provisions aim to protect children, considering child pornography's significant impact on societal welfare.

23 Sep 2024

Scope of Section 15 of the POCSO: The primary legal issue was whether mere possession of child pornographic material without intent to distribut...

Supreme Court

Supreme Court Allows Appeal in Rape Case, Holds Offences Under Sections 376, 504, 506 IPC Form Same Transaction for Joint Trial Under Section 220 CrPC. The Court set aside the discharge of the accused for lack of territorial jurisdiction and directed trial for all offences together.

6 May 2022

The Supreme Court allowed an appeal against the High Court's order upholding the discharge of the accused-respondent No. 2 for the offence under Secti...

Supreme Court

Supreme Court Quashes High Court Order for De Novo Trial in Gang Rape and Abetment of Suicide Case - Separate Trials for Different FIRs Upheld. The High Court's direction to club trials under Section 223 CrPC and order fresh proceedings was set aside as the offences arose from distinct FIRs with separate investigation histories.

8 Oct 2021

The appeals arose from a High Court judgment that remitted orders of acquittal and conviction from two separate FIRs for fresh trial and directed club...

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 Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

2 Sep 2020

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

Supreme Court

Supreme Court Upholds FIRs for Illegal Mining Despite Compounding Under MMDR Act — IPC Offences Are Distinct and Not Barred by Section 22 of MMDR Act. The court held that compounding under the MMDR Act does not bar prosecution under the IPC for theft and criminal misappropriation, as the offences are separate and distinct.

1 Sep 2020

The Supreme Court dismissed appeals by private appellants and the State of Madhya Pradesh against the High Court's refusal to quash FIRs for illegal m...

High Court

Bombay High Court Allows Quashing of POCSO and IPC Proceedings on Compromise Between Accused and Complainant Who Later Married. Marriage Between Accused and Complainant Leads to Quashing of FIR Under Section 482 CrPC as Continuation Would Be Abuse of Process.

22 Oct 2019

The applicants, Taj @ Arjun S/o. Ajay Mishra (accused) and Ragini Ashok Amarnani (complainant), jointly filed a criminal application under Section 482...

Supreme Court

Supreme Court Sets Aside High Court Order Quashing FIR for Attempt to Murder Based on Compromise. High Court Mechanically Exercised Inherent Powers Under Section 482 CrPC Without Considering Gravity of Offence Under Section 307 IPC and Its Social Impact.

27 Mar 2019

The State of Madhya Pradesh appealed against the High Court's order quashing criminal proceedings against Laxmi Narayan and others for offences under ...

Supreme Court

Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

27 Feb 2019

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

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