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 – PC Act - Tender Process and Alleged Misconduct – Petitioners, officials in port management, involved in tender process for manual dredging and sale of port sand in Kasaragod district – Alleged preferential treatment to unqualified co-operative societies – Allegations of criminal misconduct and conspiracy [Paras 2-3, 7, 22, 24-25].
Submission by Petitioners &nd...
Jurisdictional Challenge and Prayer for Quashing – Petitioner challenges the jurisdiction of the District Munsif cum Judicial Magistrate and the subsequent cognizance taken by the Special Court under the Electricity Act in the alleged electricity theft case – Seeks quashing of proceedings in Spl.C.C.No.3 of 2018 under Section 482 Cr.P.C. [Paras 5, 15-17]
Allegation of Elec...
Criminal Original Petition – Quashing of Proceedings – Petition under Section 482 of Cr.P.C. to quash proceedings in C.C.No.81 of 2019 at the Judicial Magistrate, Bodinayakanur – Petitioner/sole accused seeking to quash the criminal case against him on grounds of being baseless and filed with malafide intent. [Para 1, 3]
Property Dispute and Criminal Allegations – Disput...
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...
Criminal Law – Cognizability of Offence under Copyright Act – High Court held offence under Section 63 of the Copyright Act as non-cognizable, thus quashing criminal proceedings. Supreme Court overturns this, asserting the offence is cognizable and non-bailable. The punishment extends up to three years; thus, it falls under cognizable offences per Part II of the First Schedule of Cr.P....