Criminal Law - Quashing of Complaint – Director and Manager Involvement – Petition under Section 482 CrPC seeking quashing of complaint under Insecticides Act – Petitioners prosecuted as Director and Manager-cum-Godown Incharge of accused company – No specific averments in complaint showing their role in company’s business or quality control – Responsible Office...
Criminal Law - Quashing of FIR under Section 174-A IPC – Petition under Section 482 CrPC – FIR registered after petitioner declared proclaimed person in a Section 138 NI Act case – Petitioner settled the matter with complainant, who withdrew the complaint – Once proceedings under Section 138 NI Act withdrawn, FIR under Section 174-A IPC becomes unsustainable – Petitio...
Criminal Procedure – Non-Bailable Warrants – Proclamation of Offender – Petition to quash warrants and proclamation – Criminal Appeal against order declaring petitioner as proclaimed offender – Held, Petitioner, despite being aware of the proceedings and warrants, failed to appear before the trial court – Justification provided for issuance of non-bailable warra...
Negotiable Instruments Act, 1881 – Section 138 and 141 – Quashing of Summons – Liability of Directors – Non-Executive and Independent Directors – Petitioners sought quashing of summoning orders issued under Section 138/141 NI Act, claiming they were Non-Executive and Independent Directors with no role in day-to-day management – High Court reiterated that vicario...
Criminal Law – Quashing of FIR – Compromise in Financial Offences – Petitioners seek quashing of FIR based on compromise for offences under IPC and allegations of GST evasion. Held, offences under special statutes or involving financial and economic well-being of the State cannot be quashed on the basis of a compromise. Investigation may reveal offences under the GST Act, making ...
Criminal Law - Negotiable Instruments Act, Service of Proclamation - Quashing of FIR and Proceedings - Criminal Miscellaneous Petition against Magistrate's order for the registration of FIR under Section 138 of the Negotiable Instruments Act and the issuance of a proclamation under Section 82 Cr.P.C. - Petitioner contended non-residence in the country at the time notice was served - Held, the ...
Criminal Law – Abetment to Suicide – Sections 34, 306 IPC – Petition to Quash FIR – Alleged abetment by threats in February 2019, suicide in May 2019 – Necessity of proximate and live link between threats and suicide – No evidence of contact or threats post-February 2019 – FIR quashed as no direct or indirect act of instigation proven. [Paras 1-27]
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GST Law - Detention of Goods – Writ Petition – Alleged tax evasion due to minor discrepancy in quantity of copper goods in transit – Invoice and e-way bill showed 10430.7 kg, actual weight 10520 kg – Discrepancy less than 1% – Tax already paid Rs.12,76,717.68 – Claimed evasion Rs.11,000 – Petitioner offered to pay additional tax and penalty – Court f...
Constitutional Law – Detention of Goods under CGST Act, 2017 – Release of detained goods under Articles 226 and 227 – Challenge against order of Assistant Commissioner detaining goods under Section 129 of CGST Act, 2017 – Authorities' power to check goods in transit when accompanied by valid documents – Investigation report relied upon to initiate proceedings unde...
Criminal Law - Multiple FIRs for Same Offence – Petition under Section 482 CrPC for quashing of second FIR – Second FIR registered under Sections 379 and 411 IPC for the same theft and recovery incident – Held, filing of the second FIR is impermissible as the incident and occurrence are the same – Two FIRs can subsist only if there are two rival versions in respect of the s...