Prima facie material required to connect accused with alleged crime - Abuse of process of law - Right to personal liberty - Constitution of India, Article 21. [Para 18]
2. Registration of case under Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004 - Preliminary satisfaction report not submitted - Prima facie material required - Abuse of process of co...
Criminal Appeal – FIR against Appellant – Allegations of rape and other offences – First Information Report (FIR) registered against appellant for offences under IPC and the SC/ST Act. Contention of long consensual relationship and marriage to the complainant. Issues of consent and false promise to marry raised. [Para 1-5]
Consensual Relationship – Analysis of ...
Appeal against High Court Decision – Dismissal of quashing FIR in property fraud case involving misuse of Power of Attorney (PoA) – FIR No.87 of 2011 against appellant for offences under IPC Sections 467, 468, 469, 471, 409, and 420 – High Court decision from Patna in Criminal Miscellaneous No.42776 of 2013 challenged. [Para 3]
Background of Case – Allegations ...
Criminal Procedure - Quashing of charges - Framing of charges under Section 506 IPC only - Petition filed under Section 482 of CrPC to set aside order framing charges - Allegations of trespass, threats, and theft - Co-ownership of property established - No exclusive possession by the petitioner - Insufficient evidence for charges under Sections 379 and 380 IPC - Prima facie case made out for charg...
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...
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...