Quashing of Criminal Proceedings – Petition under Section 482 Cr.P.C. to quash criminal complaint No.7507 dated 13.06.2016 and subsequent proceedings – Concerns cheque dishonor under Sections 138/141/142 of the Negotiable Instruments Act, related to a real estate transaction [Paras 1, 9].
Dispute Over Payment Amount – Respondent paid ₹23,54,573/- as advance for flat registra...
Criminal Law – Quashing of Proceedings – The appellant, Rekha Jain, was charged under Section 420 of the IPC. The allegations primarily concerned her husband, Kamalesh Mulchand Jain, who was accused of cheating and dishonestly inducing the complainant to deliver gold jewellery. There were no allegations against Rekha Jain of any inducement or dishonest actions to deceive the complainan...
Criminal Procedure - Quashing of complaint and summoning order - Compliance with Section 202 of the Cr.P.C. - Petitioners filed a petition seeking the quashing of a complaint and summoning order under Section 500, 34 IPC - The complaint was filed by the respondent in the Court of the Chief Judicial Magistrate, Chandigarh - Petitioners contended that the Magistrate failed to comply with Section 202...
Criminal Law – Quashing of Proceedings – Money Laundering – Proceedings initiated under PMLA against appellant following seizure of cash and gold by Income Tax Department – Appellant contended no evidence of scheduled offence – High Court dismissed quashing petition – Supreme Court analyzed evidence and procedural lapses, including failure to identify involved b...
Quashing of Summoning Order - Non-Executive Independent Directors - The petitioners, being Non-Executive Independent Directors of HDIL, challenged the summoning orders issued against them in relation to dishonoured cheques. The court observed the necessity of proving the day-to-day involvement of these directors in the company's affairs for holding them liable under Section 138 of the NI Act. ...
Criminal Law – Quashing - Preventive Detention – Challenge to Detention Order – validity of a detention order issued under the Maharashtra Prevention of Dangerous Activities Act (MPDA Act) against the petitioner, Nilesh Sunil Pendulkar. The order was challenged on several grounds, including delay in issuance, non-consideration of bail orders, and violation of constitutional right...
Criminal Procedure Code – Quashing of FIR – Petition under Section 482 CrPC – Kalandra under Section 182 IPC against petitioners (complainant and shadow witness in a bribery case) – Allegation of giving false information and resiling from initial statement – Competent authority denied sanction for prosecution – Kalandra and consequent proceedings quashed. [Paras...
Petition for Quashing Complaint and Proceedings – Section 482 Cr.P.C. – Petitioners challenging Complaint No.1368 of 2014 and related orders for alleged tax evasion under Sections 276C and 278B of the Income Tax Act, 1961 – Argument of petitioners centered on no evasion of tax, only delayed payment with interest [Paras 1, 10].
Facts of the Case – Assessment Year 2012-13 ...
Quashing of FIR – Petition filed for quashing FIR No. 129/2021 registered under Section 363 of IPC – Cognizance taken under Sections 366, 376, 376(2)(n), Section 5(1)(j)(ii), and Section 6 of The POCSO Act – Petitioner and victim married and have a child – Victim’s statement recorded under Section 164 of Cr.P.C. stating marriage and consensual physical relationship &n...
Criminal Law - Quashing FIR - Challenging FIR and Proceedings – Petitioners, school authorities of Vivekanand School, challenged FIR and subsequent criminal proceedings related to the suicide of a student post admonishment for misconduct. [Paras 1-2, 4-5]
School Discipline and Social Control – Discussion on social control methods in schools; citing sociological theories an...