criminal proceedings Archives | Page 2 of 4

Real test is to check whether the act was directly concerned with official duty: SC quashes criminal proceedings against clerk accused of conspiring with superiors, for want of S. 197 CrPC sanction

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hemant Gupta, JJ. upheld Rajasthan High Court’s order whereby it had directed

Case Briefs High Courts

When can decree on admission be passed? Madras HC explains how general admission of facts v. admission of claim, makes difference

Madras High Court: Dr G. Jayachandran, J., refused to pass a decree in favour of the plaintiff who relied on general admission

Case Briefs Supreme Court

Italian marines allegedly kill two Indian fishermen in 2012! Here’s why Supreme Court has closed all proceedings against them

In 2012, two fishermen were killed while fishing off the coast of Kerala after allegedly two Italian Military Naval officials fired at them from a passing ship.

Case Briefs High Courts

Madras HC | Can Criminal Proceedings instituted under DV Act be converted as Civil Proceedings, so as to transfer such proceedings before Civil Court or Family Court while exercising supervisory powers under Art. 227 of Constitution? Read on

Madras High Court: S.M. Subramaniam, J., held that Protraction and prolongation of litigations affecting women can never be encouraged by the Courts.

Case Briefs High Courts

Madras HC | Political parties should restrain from making serious allegations or criticism against constitutional functionaries

“…leaders of political parties should show their statesmanship and quality and healthy politics rather than accusing others by using vituperated language in political platform.”

Case Briefs Supreme Court

In what circumstances can a criminal proceeding be quashed? Supreme Court yet again answers the “hotly debated” question on scope of exercise of HCs’ power under Section 482 CrPC

“The exercise of inherent power of the High Court is an extraordinary power which has to be exercised with great care and circumspection before embarking to scrutinise the complaint/FIR/charge-sheet in deciding whether the case is the rarest of rare case, to scuttle the prosecution at its inception.”

Case Briefs Supreme Court

Criminal proceedings cannot be permitted to degenerate into weapon of harassment; HCs must quash frivolous FIRs: Supreme Court

“Inherent jurisdiction under Section 482 Cr.P.C. and/or under Article 226 of the Constitution is designed to achieve salutary purpose that criminal proceedings ought not to be permitted to degenerate into weapon of harassment.”

Case Briefs Supreme Court

‘Section 138 NI Act proceeding a “civil sheep” in a “criminal wolf’s” clothing’; quasi criminal proceedings against corporate debtor covered under Section 14(1)(a) IBC : SC

“A Section 138 proceeding can be said to be a “civil sheep” in a “criminal wolf’s” clothing, as it is the interest of the victim that is sought to be protected, the larger interest of the State being subsumed in the victim alone moving a court in cheque bouncing cases.”

Case Briefs High Courts

Del HC | Offences like rape & forgery having a bearing on vital societal interest cannot be construed to be merely private or civil disputes

Delhi High Court: Subramonium Prasad, J., with regard to the settlement of disputes stated that: “In crimes which seriously endangers the well

Case Briefs Supreme Court

Activist with “an urge to positively contribute to the society” files plea u/s 482 CrPC seeking expedition of a criminal trial. ‘You have no locus standi’, holds SC

Supreme Court: The 3-judge bench of Ashok Bhushan*, R. Subhash Reddy and MR Shah, JJ has reiterated that an application by a

Case Briefs High Courts

P&H HC | No offence constituted under SC/ST Act where abusive language in the name of caste used over phone call: Criminal proceedings against accused quashed

Punjab and Haryana High Court: Harnaresh Singh Gill, J.,quashed the criminal proceedings against the appellant accused of using abusive language against the complainant

Case Briefs High Courts

HP HC | High Court has inherent power under S. 482 CrPC to quash FIR even in non compoundable cases due to amicable settlement; Not to be exercised in cases of heinous nature

Himachal Pradesh High Court: Sandeep Sharma, J. allowed the petition observing that High Court has inherent power to quash criminal proceedings even

Case Briefs High Courts

Jhar HC | Exoneration from departmental proceedings has nothing to do with criminal proceedings in the Court if the allegations levelled are different

Jharkhand High Court: Anubha Rawat Choudhary, J., dismissed the criminal petition seeking exoneration from criminal proceedings. In the present case, the petitioner

Case Briefs High Courts

Kar HC | Criminal proceedings cannot be initiated against other suspects, in the absence of main culprit

Karnataka High Court: P.G.M. Patil, J. heard a Criminal Petition under Section 482 of Code of Criminal Procedure, 1973 appealing to quash

Case Briefs High Courts

Ker HC | No bar to simultaneous continuance of a criminal proceeding and a civil proceeding, if the two arise from separate causes of action

Kerala High Court: R. Narayana Pisharadi, J. dismissed a petition praying for quashing the criminal proceedings against the petitioner initiated under Section

Case Briefs High Courts

All HC | Continuation of criminal proceedings not useful where chances of conviction are bleak and settlement arrived at between the parties

Allahabad High Court: Sanjay Kumar Singh, J. allowed the instant application in terms of compromise and quashed the chargesheet as well as

Case Briefs High Courts

Kar HC | Continuation of criminal proceedings against parties who have amicably settled their disputes would tantamount to abuse of process of law

Karnataka High Court: Mohammad Nawaz, J., while allowing the petition quashed the entire proceedings. This instant petition was filed under Section 482