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Search Results for "groundless"

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High Court

Bombay High Court Sets Aside Discharge of Accused in Capitation Fee Case — Holds That Trial Court Exceeded Jurisdiction by Considering Defence Documents at Discharge Stage Under Section 239 CrPC. The court remanded the matter for fresh consideration of discharge application based solely on police report and documents under Section 173 CrPC.

18 Oct 2024

The petitioner, Abhimanyu Rasure, the original complainant, challenged the order of the Chief Judicial Magistrate, Latur, dated 06.05.2010 discharging...

High Court

Bombay High Court Allows Appeal Against Interim Injunction in Copyright Groundless Threat Suit — Restrains Defendant from Publishing Defamatory Statements Alleging Copyright Infringement. Court holds that Section 60 of Copyright Act, 1957 provides a remedy against groundless threats and that an interim injunction can be granted to restrain such threats pending trial.

13 Dec 2023

The appeal arises from an order dated 21 February 2023 passed by the learned District Judge in Civil Suit No.19 of 2022, whereby the trial court grant...

Supreme Court

Supreme Court Reinstates Prosecution of Public Servant and Spouse in Prevention of Corruption Act Case for Disproportionate Assets. High Court's Discharge Order Quashed as It Erred in Re-appreciating Evidence at Charge Framing Stage Under Section 239 CrPC, Failing to Consider Prima Facie Case Based on FIR and Charge Sheet Materials.

5 Sep 2022

The Supreme Court heard appeals by the State of Tamil Nadu against the Madras High Court's judgment discharging a public servant and his wife from pro...

High Court

Bombay High Court Quashes Charges Against Partners in Essential Commodities Act Case — No Prima Facie Evidence of Involvement in Illegal Storage of Gas Cylinders. Statement of Co-Accused Under Section 27 of Indian Evidence Act Inadmissible Against Co-Accused Without Independent Corroboration Under Section 3/7 of Essential Commodities Act, 1955.

18 Jan 2021

The petitioners, partners of Khandre Trading Corporation, an agent of Hindustan Petroleum (HP), were arraigned as accused in a case registered under S...

High Court

High Court of Karnataka Allows Complainant to Lead Further Evidence After Accused's Evidence in Private Complaint Proceedings — Section 246 Cr.P.C. Does Not Bar Re-examination. The court held that the Magistrate has discretion to permit the complainant to lead further evidence after the accused's evidence in a private complaint case, setting aside the order rejecting such application.

13 Jul 2018

The respondent (complainant) filed a private complaint under Section 200 Cr.P.C. alleging that the petitioner (accused No.1) married another woman (ac...

High Court

Karnataka High Court Dismisses Petition Challenging Order Allowing Complainant to Lead Further Evidence After Accused's Evidence in Private Complaint. Section 246 Cr.P.C. Does Not Bar Re-examination of Complainant After Accused's Evidence.

13 Jul 2018

The case involves a criminal petition filed under Section 482 Cr.P.C. by the petitioner (accused No.1) against the respondent (complainant). The respo...

High Court

Bombay High Court Dismisses Appeal of Kerosene Dealer Against Rejection of Discharge Under Essential Commodities Act. Alleged Breach of Condition No. 4 of Licence Issued Under Maharashtra Kerosene Dealers Licensing Order 1966 Constituted Sufficient Basis for Proceeding, and Charge Was Not Groundless Under Section 239 Cr.P.C.

2 Jul 2018

The petitioner, a kerosene dealer holding a licence under the Maharashtra Kerosene Dealers Licensing Order 1966, was subjected to a surprise inspectio...

High Court

Bombay High Court Dismisses Revision Against Setting Aside of Discharge in Forgery Case — Complainant's Right to Lead Evidence Before Charge Not Extinguished by Filing Discharge Application. The court held that discharge under Section 245 CrPC cannot be granted before the complainant closes evidence in a warrant case instituted on complaint.

5 Feb 2013

The petitioners (original accused) challenged the order of the Adhoc Sessions Judge-4, Latur, which had set aside the Magistrate's order discharging t...

High Court

Bombay High Court Quashes FIR and Criminal Complaints in Fishing Rights Dispute — Allegations of Criminal Trespass and Assault Found to be Civil in Nature. Court holds that where dispute is essentially civil, criminal proceedings cannot be used as a weapon of harassment.

4 Jul 2011

The applicants, Inderchand Zumerlal Mutha and Vijay Shankar Salve, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrP...

High Court

Bombay High Court Dismisses Discharge Application in FSI Malpractice Case — Prima Facie Case Established Against Accused No.4. The court held that at the stage of framing charges, a mini-trial is not permissible and only a prima facie case is required to proceed under Sections 120-B, 465, 466, 467, 468, 471, 477-A, 420 IPC read with Sections 5(1)(d), 5(2) of the Prevention of Corruption Act, 1947.

22 Dec 2005

The Bombay High Court dismissed a criminal application filed by Kishore Morumal Bachani, who was accused No.4 in Special Case No.27 of 1986 pending be...

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