Criminal Procedure – Quashing of Proceedings – Appellant challenged High Court's quashing of criminal proceedings based on a settlement between parties in a corruption case – Supreme Court emphasized the seriousness of corruption cases, stating that they cannot be quashed based merely on settlements, as corruption impacts the State and society at large – High Court'...
Criminal Procedure – Quashing of Charge-sheet and Summoning Order – Application under Section 482 Cr.P.C. – Lack of reasoning and application of mind in the impugned orders – Seriousness of summoning an accused in a criminal case – Judicial scrutiny of evidence – Importance of Magistrate’s application of mind before summoning – Apex Court’s pre...
Criminal Procedure Code, 1973 - Section 482 - Indian Penal Code, 1860 - Section 295-A - Quashing of FIR and proceedings - FIR registered against petitioners for allegedly portraying wrong image of Bhagwan Valmiki in the television serial "Ram Siya Ke Luv Kush" - Formation of committee to address grievances and suggest corrective measures - Undertaking by petitioners to comply with guidel...
Defamation – Criminal Law – Appeal against summoning order and complaint quashing – A news article titled "Mission Misconduct" published in INDIA TODAY magazine led to defamation complaints – The article reported allegations of sexual misconduct, corruption, and sale of passports by Indian officials – The complainant, a senior officer, sought action against ...
FACTS: Indus Towers Ltd. Appealed against the resolution (No. 7) of the Grampanchayat of Chikhalhol, which directed the company to halt the construction of a mobile tower, responding to objections raised by local villagers concerning health effects of the tower’s radiation.
ISSUES & RULINGS:
1. Whether the Grampanchayat, after issuing a No Objection Certificate...
Criminal Law – Quashing of Proceedings – Section 482 CrPC – High Court dismissed the appellant's application to quash criminal proceedings related to an offense under Section 376 IPC – Supreme Court allowed the appeal, holding that the allegations did not prima facie constitute the offense of rape – Consensual relationship between the parties negated the essential...
Offence of stalking under Section 354-D IPC – Ingredients required to establish the offence – Intent to foster personal interaction despite clear disinterest – Legislative intention and concerns of misuse (Paragraphs 6, 10, 12, and 19).
Offence under Section 509 IPC – Requirement of prima facie establishment of intention to insult the modesty of a woman –...
Constitution of India – Article 226 – Criminal Procedure Code, 1973 – Section 482 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Quashing of FIR – Abuse of process of law – Misuse of provisions of the Act – Examination of scope and ambit of inherent powers of the High Court.
Scheduled Castes and Scheduled ...
Quashing of FIR – Section 482 CrPC – Appeal against High Court's dismissal of petition to quash FIR – FIR registered based on private complaint alleging offenses under IPC including cheating and breach of trust – Supreme Court finds no ingredients of alleged offenses made out in the complaint – FIR and charge-sheet quashed [Paras 1-19].
Commercial Dis...
Criminal Law – Copyright Infringement – Vicarious Liability – Court dealt with the issue of vicarious liability under the Copyright Act, 1957. The petition sought the quashing of proceedings against the petitioner, accused of copyright infringement in his capacity as AGM of a company. The Court examined the applicability of vicarious liability and the role of the company in the a...