Criminal Procedure – Suspension of Sentence – Condition to Deposit Amount – Application under Section 482 CrPC to quash the condition to deposit Rs. 13,73,890/- imposed by appellate court for suspension of sentence during pendency of appeal – Applicant contends that insolvency proceedings under Section 94 of Insolvency and Bankruptcy Code, 2016 initiated before NCLT, and in...
Criminal Law – Abetment of Suicide – Quashing of Proceedings – Application under Section 482 Cr.P.C. for quashing criminal proceedings under Section 306 IPC – Allegation that applicants abetted suicide by threatening and harassing the deceased – Suicide note indicating mental distress caused by false allegations and threats – Court examines evidence to determine...
Constitutional Law – Article 166 Compliance – Executive action taken without Governor’s name – Petitioners’ accrued right to pension and gratuity annulled by impugned resolution – Court examines validity of resolution not expressed in Governor’s name – Upholds principle that policy decisions affecting rights must be issued in the name of Governor &nd...
Criminal Law – Quashing of Proceedings – Vicarious Liability – Application under Section 482 Cr.P.C. filed by Azim Premji seeking quashing of complaint proceedings and related orders. The complaint involved alleged violations of the Equal Remuneration Act, 1976, by G4S Secure Solutions (India) Pvt. Ltd., a third-party security service provider for Wipro Ltd. The applicant, as Cha...
Criminal Law – Jurisdiction of CJM and Police Station – Writ petition challenging FIR for offenses under Sections 304(II), 420, 409, 467, 468 RPC – Complaint initiated by respondent No.3 before CJM Jammu, alleging insurance fraud and failure to process claim leading to the death of the insured in Switzerland – CJM directed SHO Police Station Gandhi Nagar, Jammu to register ...
Criminal Law – Quashing of FIR – Petition under Section 482 CrPC to quash FIR under Sections 376 and 420 RPC – Allegations involve fraudulent marriage and subsequent physical relations under false pretenses – Court finds no prima facie case against petitioners Nos. 1 & 2 (parents of petitioner No. 3) – FIR quashed against them, while continuing against petitioner ...
Criminal Law – Quashing of FIR and Charge-Sheet – Revisional application under Sections 482 and 401 Cr.P.C. – Petitioner’s marriage dissolved by mutual consent under Section 13B of the Hindu Marriage Act, 1955 – Continuation of criminal proceedings under Sections 498A/406 IPC deemed abuse of process – High Court’s inherent powers invoked to prevent miscarr...
Petition under Section 482 Cr.P.C. – Quashing of Criminal Complaint No.67 of 2014 for alleged misbranding under the Insecticides Act – Involvement of M/s Syngenta India Ltd. As the marketing company, not the manufacturer – [Para 1].
Facts of the Case – Inspection of Paramjit Kaur’s premises (sole proprietor of M/s Jagjit Singh & Sons) – Discover...
Quashing of Complaint and Related Proceedings under Section 482 CrPC - Petition filed by the petitioner under Section 482 CrPC seeking quashing of complaint No. COMA/736/2017 pending in the Court of ld. Chief Judicial Magistrate, Ludhiana, under Section 276CC of Income Tax Act, 1961, along with summoning order and framing of charges - Petitioner contends that matter has been settled by the Settlem...
Quashing of Bye-Election Notification – Writ Petition – Challenging validity of Election Commission’s notification for bye-election in Karnal Assembly Constituency – Held: Notification valid – Court finds no infringement of Representation of People’s Act or the Constitution – Writ petition dismissed. [Paras 1-36]
Constitutionality of Bye-Elect...