Search Results for "issuance of process"

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Supreme Court

Supreme Court Allows Appeal in Dishonoured Cheque Case Under Negotiable Instruments Act, 1881, Restoring Complaint for Trial. The Court held that the presumption under Section 139 of the Act regarding legally enforceable debt is rebuttable only at trial, not at pre-trial stage, and the basic ingredients under Section 138 were prima facie satisfied.

7 Apr 2026

The dispute arose from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, by the appellant against the second respondent, wh...

High Court

High Court Quashes Criminal Prosecution in Drugs & Cosmetics Act Case Due to Procedural Violations and Non-Compliance with Statutory Mandates. Prosecution was invalidated because of inordinate delay in sample testing, failure to dispatch sample portion to manufacturer depriving retesting right, and improper cognizance by Special Judge without committal under Section 193 CrPC, under Section 27(d) of Drugs & Cosmetics Act, 1940.

24 Mar 2026

The High Court of Judicature at Bombay, in its criminal appellate jurisdiction, adjudicated a writ petition under Article 227 of the Constitution of I...

High Court

High Court Sets Aside Magistrate's Process Order in Matrimonial Offence Case Due to Lack of Judicial Application of Mind. Magistrate's Order Issuing Process Under Sections 498A, 406 read with Section 34 IPC Quashed as Mechanical, Matter Remanded for Reconsideration to Ensure Proper Scrutiny.

23 Mar 2026

The dispute arose from a criminal case initiated by the complainant, the wife, against her in-laws, the petitioners, alleging offences under Sections ...

High Court

High Court Dismisses Criminal Writ Petition Against Revisional Court's Order in Fraud Allegation Case Due to Lack of Specific Averments. Revisional Court's Setting Aside of Process Issuance Upheld as Complaint Failed to Allege Criminal Act or Intent Against Society Officials Under Sections 200 and 202 of Code of Criminal Procedure, 1973.

17 Mar 2026

The dispute originated from a complaint filed by the petitioner alleging that Vijay Dangre, in collusion with Aditya Angha Multi-State Credit Cooperat...

High Court

High Court Quashes FIR and Charge Sheet Under Prevention of Insults to National Honour Act, 1971 for Applicant Due to Lack of Intent and Evidence -- Senior Citizen Applicant Granted Relief Based on Unconditional Apology and Procedural History

23 Feb 2026

The High Court allowed a criminal application by Applicant, an 85-year-old retired individual, seeking quashing of an FIR and charge sheet under the P...

High Court

High Court denied to Quash Criminal Proceedings Against Applicants in Negotiable Instruments Act

10 Feb 2026

The High Court of Bombay heard three consolidated criminal applications challenging the dismissal of revision applications against issuance of process...

High Court

High Court Quashes Criminal Case Against Police Officers for Lack of Sanction Under Section 197 CrPC and Insufficient Medical Evidence in Alleged Police Atrocities Case Under IPC Sections 323 and 326

28 Jan 2026

The High Court allowed the criminal application filed by two police officers seeking to quash criminal proceedings and an order issuing process agains...

High Court

High Court Quashes Criminal Proceedings Against Advocate Petitioner in Land Fraud Case Under IPC Sections 420, 467, 468, 471, 166 read with Section 34 Due to Lack of Prima Facie Evidence and Legal Advice Not Constituting Offence

22 Jan 2026

The petitioner, an advocate, filed a criminal writ petition challenging orders impleading him as an accused in a land fraud case under IPC sections --...

High Court

High Court Dismisses Criminal Petition Challenging Cognizance Order in Cheque Dishonour Case - BNSS, 2023 Procedure Not Applicable to Negotiable Instruments Act, 1881 Proceedings

22 Jan 2026

The petitioners challenged the order of taking cognizance in a cheque dishonour case under Section 138 of Negotiable Instruments Act, 1881, contending...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Dishonour of Cheque Case Due to Suppression of Material Facts and Abuse of Process of Law. The court held that suppression of material facts in a complaint under Section 138 of the Negotiable Instruments Act, 1881, constitutes an abuse of process, warranting dismissal without trial.

26 Mar 2025

The dispute arose from a complaint filed by the respondent, a Credit Co-Operative Society, against the appellant under Section 138 of the Negotiable I...

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