Search Results for "malafide prosecution"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
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Search Results for "malafide prosecution"

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High Court

Bombay High Court Quashes Show Cause Notice in Co-operative Housing Society Dispute — Deputy Registrar Lacked Jurisdiction to Record Disqualification Under Section 73(1AB) Without Prior Inquiry. The court held that a finding of disqualification under Section 73(1AB) of the Maharashtra Co-operative Societies Act, 1960 cannot be recorded without affording an opportunity of hearing to the affected members.

10 Aug 2012

The petitioner, Vithal Nagar Co-operative Housing Society Ltd., challenged an order-cum-show cause notice dated 9.11.2011 issued by the Deputy Registr...

Supreme Court

Supreme Court Allows Appeal in Criminal Case for Additional Evidence Under Section 391 CrPC — Trust Deed and Resolution Crucial for Defence. The Court held that the appellate court has wide discretion to take additional evidence if necessary for a just decision, and the rejection of applications under Section 391 CrPC was erroneous.

28 Jan 2019

The Supreme Court allowed the appeal filed by Brig. Sukhjeet Singh (Retd.) against the judgment of the Allahabad High Court dated 17.01.2017, which ha...

Supreme Court

Supreme Court Convicts Contemnors for Scandalous Allegations Against Judges in Suo Motu Contempt Proceedings. The Court upheld its inherent power under Article 129 to punish for contempt, rejecting procedural objections under the Contempt of Courts Act, 1971.

27 Apr 2020

The Supreme Court of India initiated suo motu contempt proceedings against Vijay Kurle, Rashid Khan Pathan, and Nilesh Ojha for sending letters contai...

High Court

Bombay High Court Dismisses Petition Seeking Mandamus to Register FIR in Economic Offences Case — No Mandatory Duty to Register FIR on Private Complaint Without Preliminary Inquiry. Court Holds That Police Have Discretion to Conduct Preliminary Inquiry Before Registering FIR Under Section 154 CrPC, and Writ of Mandamus Cannot Be Issued to Compel Registration.

26 Nov 2010

The petitioner, Mrs. Charu Kishor Mehta, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking a writ of mandamus to c...

Supreme Court

Supreme Court Grants Anticipatory Bail to Former Police Officer in 29-Year-Old Murder Case. Court holds that custodial interrogation not required when appellant cooperates with investigation and no direct evidence links him to murder.

8 Sep 2020

The Supreme Court considered an appeal against the dismissal of an anticipatory bail application by the High Court of Punjab and Haryana. The appellan...

High Court

Bombay High Court Allows Revision Against Setting Aside of Process in Defamation Case — Reinstates Complaint Under Section 500 IPC Against Advocate for Alleged Defamatory Statements in Legal Notice. Legal Notice Sent to Complainant and Others Constitutes Publication for Defamation; Prima Facie Case Exists.

13 Apr 2018

The revision applicant, Rajendra Kumar Shahani, was the original complainant in a criminal complaint alleging defamation under Section 500 IPC against...

High Court

Bombay High Court Quashes Criminal Proceedings Against Journalists in ISIS Article Case — Article on Terrorist Financing Not Intended to Promote Religious Disharmony. Publication of news about ISIS activities and its funding sources does not attract Sections 295-A and 153-A IPC as there was no malicious intent to insult religion or promote enmity between groups.

2 May 2019

The applicants, who were employees of Lokmat Media Private Limited, filed a criminal application under Section 482 of the Code of Criminal Procedure, ...

High Court

Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

30 Nov -0001

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...

High Court

Bombay High Court Allows Compensation for Illegal Detention in Chapter Proceedings — Violation of D.K. Basu Guidelines. Petitioner awarded Rs. 25,000 for being detained over 24 hours without production before Magistrate in Chapter Proceeding No. 68/2005 under Section 107 of CrPC.

14 Aug 2014

The petitioner, Balasaheb Sadanand Bhagat @ Bhakta, filed a Criminal Writ Petition before the Bombay High Court, Bench at Aurangabad, seeking compensa...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in IPC Case Due to Vague Allegations and Lack of Prima Facie Evidence. The Court held that continuation of proceedings would amount to abuse of process as allegations were trivial, unsupported by specific evidence, and the chargesheet failed to specify roles, with CCTV footage contradicting the prosecution case under Sections 143, 341, 323, 324, 504, 506, 509, 427, and 354 of the Indian Penal Code, 1860.

6 Apr 2026

The appeals arose from a common impugned judgment of the High Court at Calcutta dated 8 March 2024, which had quashed criminal proceedings against two...

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