Search Results for "wrongful restraint"

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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...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...
Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Ac...
High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Pay...

Search Results for "wrongful restraint"

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High Court

Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

17 Sep 2018

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

High Court

Bombay High Court Quashes FIR Against Company Management in Coercive Resignation Case — No Prima Facie Case of Wrongful Confinement or Criminal Intimidation. Allegations of forced resignation letter signing do not constitute offences under Sections 342 and 506 IPC as essential ingredients of wrongful confinement and criminal intimidation are absent.

20 Feb 2014

The petitioners, management personnel of Diebold India Private Limited and Diebold System Private Limited, filed a Criminal Writ Petition under Articl...

High Court

Bombay High Court at Goa Quashes FIR in Criminal Writ Petition for Non-Disclosure of Cognizable Offence — Sections 323, 427, 504, 506 IPC Non-Cognizable Without Sanction. Court held that FIR under Sections 341, 323, 427, 504, 506 read with Section 34 IPC was liable to be quashed as the complaint did not disclose the offence of wrongful confinement and other offences were non-cognizable.

10 Oct 2016

The petitioners, Antonio Xavier Gomes Pereira, Aravin Gomes Pereira, and Rui Gomes Pereira, filed a Criminal Writ Petition before the Bombay High Cour...

Supreme Court

Supreme Court Acquits Accused in Robbery Case Due to Inconsistent Evidence and Non-Applicability of Section 397 IPC. The Court held that Section 397 of the Indian Penal Code, 1860, applies only to the offender who uses a deadly weapon, and the benefit of acquittal of a co-accused extends to other accused when allegations are indivisible, leading to acquittal based on unreliable identification and suspicious FIR.

29 Oct 2021

The Supreme Court of India heard criminal appeals filed by two appellants, Ganesan and Shanmugam, challenging their conviction under Section 397 of th...

High Court

Bombay High Court Modifies Conviction in Robbery Case: Offence of Robbery Under Section 390 IPC Not Made Out as No Grievous Hurt Caused or Attempted. The court held that for theft to become robbery, the offender must cause or attempt to cause death or grievous hurt, and mere tying up does not suffice.

18 Oct 2011

The appellant, Dudhnath @ Ajay Baburam Harijan, was convicted by the 1st Ad-hoc Assistant Sessions Judge, Bombay, for offences under Sections 394, 450...

High Court

Bombay High Court Dismisses Suit Against Diamond Bourse Suspension — Private Association's Internal Decisions Not Subject to Judicial Review. The court held that the Bharat Diamond Bourse, as a private company, had the right to regulate its membership and premises, and its actions were not amenable to writ jurisdiction or public law remedies.

16 Aug 2016

The plaintiffs, VSM Diamonds Pvt Ltd and three individuals, filed a suit against Bharat Diamond Bourse (BDB), a company incorporated under Section 25 ...

High Court

Bombay High Court Allows Appeals in Trademark Infringement and Passing Off Case — Interim Injunction Set Aside Due to Lack of Prima Facie Case and Balance of Convenience. The court held that the plaintiff failed to establish a strong prima facie case for trademark infringement under the Trade Marks Act, 1999 as the mark was originally owned by the joint venture company and the assignment was disputed.

28 Jul 2011

The case involves two appeals against a common judgment and order dated 23.12.2004 passed by the learned Single Judge in Notice of Motion No.553 of 20...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Property Dispute Case Due to Civil Nature and Unwilling Complainant. Allegations Under Sections 341, 354C, 506 IPC Fail as Dispute is Civil and Complainant Refused to Make Judicial Statement.

1 Jan 2025

The present appeal arises from a criminal case initiated by a complainant, Mamta Agarwal, who alleged that the appellant, Tuhin Kumar Biswas @ Bumba, ...

High Court

High Court of Karnataka Quashes FIR in Criminal Petition for Lack of Prima Facie Case — Dispute of Civil Nature Not Attracting Criminal Offences. Allegations of cheating, extortion, wrongful restraint, and voluntarily causing hurt under Sections 384, 341, 324, 420 read with 34 IPC found to be civil disputes over partnership and financial transactions.

10 Nov 2021

The petitioners, Santhosh Chinnappa Reddy Tulasiram, Arun Kumar Gajarajan, and Sandeep Chinnappa Reddy Tulasiram, filed a criminal petition under Sect...

High Court

High Court of Karnataka at Dharwad Dismisses Appeal Against Conviction for Murder and Attempt to Murder Under Sections 302, 307 IPC, Allows Appeal Against Conviction for Wrongful Restraint Under Section 341 IPC. The Court Upheld the Trial Court's Conviction of Accused No.1 Based on Eyewitness Testimony and Motive, While Setting Aside Conviction of Accused No.4 Due to Insufficient Evidence for Wrongful Restraint Under Section 341 IPC.

10 Feb 2026

The appeals arose from a judgment dated 21.04.2022 and 22.04.2022 by the XII Additional District and Sessions Judge, Belagavi, in SC No.8011/2021. The...

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