Non-disclosure Of Criminal Cases: Summons Issued Against Devendra Fadnavis By Magistrate Court
5 years, 2 months ago

Non-disclosure Of Criminal Cases: Summons Issued Against Devendra Fadnavis By Magistrate Court

Live Law  

A Judicial Magistrate First Class has issued summons against Devendra Fadnavis, Chief Minister of Maharashtra in the previous government, and asked him to remain present in Court on December 4 in relation to a case filed by Advocate Satish Uke alleging that Fadnavis failed to disclose a couple of pending criminal cases against him while filing his nomination papers for the 2014 Assembly elections. SD Mehta, JMFC, Nagpur passed the order on Monday issuing process against Fadnavis for offence under Section 125A of People's Representation Act after the Supreme Court set aside the Bombay High Court's clean chit to Fadnavis and asked the Magistrate Court to go ahead with Uke's complaint. In order dated October 1, 2019, Supreme Court's bench of CJI Ranjan Gogoi, Justice Deepak Gupta and Justice Aniruddha Bose observed that prima facie case under Section 125 of the Representation of Peoples Act was made out against Fadnavis. Devendra Fadnavis then challenged the sessions court order before the Bombay High Court, which quashed the sessions court's order and upheld the ACJM's order dismissing the application.

Court Case Fadnavis Devendra Fadnavis Summons Issued Uke Filed  devendra  cases  courts  case  order  nondisclosure  criminal  summons  issued  fadnavis  sessions  uke  filed  court  magistrate

History of this topic

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
1 month, 1 week ago

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts. The bench of …

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case
9 months, 4 weeks ago

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

Live Law  

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156 CrPC to the designated special judge of Indore District Court. “…Since the question of competency and jurisdiction of the court …

Fadnavis acquitted in case related to non-disclosure of criminal cases
1 year, 4 months ago

Fadnavis acquitted in case related to non-disclosure of criminal cases

Hindustan Times  

NAGPUR: A Nagpur court on Friday acquitted Maharashtra deputy chief minister Devendra Fadnavis in a case related to the alleged non-disclosure of criminal cases filed against him in the election affidavit submitted ahead of 2014 assembly elections. The court passed the order while hearing a petition filed by Nagpur-based lawyer Satish Ukey, who approached the local court on November 14, …

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court
1 year, 7 months ago

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court

Live Law  

The Supreme Court recently upheld an order of Allahabad High Court which dismissed an appeal filed by a person, who was not named in the FIR, under Section 14A of the Scheduled Castes and Scheduled Tribes Act, 1989 against a summoning order to face the trial passed by a Special Court in exercise of power its under Section 319 of …

'Pseudo Police Report' Filed U/S 173 CrPC Cannot Defeat Right Of Accused To Default Bail: JKL High Court
1 year, 10 months ago

'Pseudo Police Report' Filed U/S 173 CrPC Cannot Defeat Right Of Accused To Default Bail: JKL High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently held that a 'pseudo police report' under section 173 CrPC, even if filed within time frame of section 167 CrPC, cannot be given legal sanctity to betray the statutory/default bail right of an accused in a case. Meanwhile, after passing of the order dated 21.02.2022 of return of the so called …

Application For Further Investigation Can Be Filed Even After Commencement Of Trial: Madras High Court
2 years, 6 months ago

Application For Further Investigation Can Be Filed Even After Commencement Of Trial: Madras High Court

Live Law  

While allowing a revision of the order of the Judicial Magistrate rejecting the application for further investigation, the Madras High Court recently observed that an application for further investigation can be made even after the commencement of trial. Justice Bharatha Chakravarthy observed as under: Section 173 of Cr.P.C., does not place any fetter on the Police to conduct further investigation …

Nagpur: Lawyer Satish Uke, who had filed Judge Loya petition arrested by ED
2 years, 9 months ago

Nagpur: Lawyer Satish Uke, who had filed Judge Loya petition arrested by ED

Op India  

Satish Uke, a Nagpur-based lawyer, and his brother Pradeep were detained on Thursday in connection with a money-laundering probe. Maharashtra | Enforcement Directorate detains advocate Satish Uke following a raid at his residence in Nagpur He had filed an election petition against former CM and now Leader of Opposition in State Assembly, Devendra Fadnavis. pic.twitter.com/wk0yM63vTz — ANI March 31, 2022 …

ED searches house of Nagpur lawyer who filed petitions against Devendra Fadnavis
2 years, 9 months ago

ED searches house of Nagpur lawyer who filed petitions against Devendra Fadnavis

The Hindu  

The Enforcement Directorate on Thursday conducted searches at the house of a lawyer who filed several petitions against senior BJP leader Devendra Fadnavis in the last few years. The Central agency began searching Nagpur-based lawyer Satish Uke's house around 6 a.m., and searches were also being conducted to probe land transactions. In July 2017, Mr. Uke had filed a petition …

Bombay HC issues notice to Devendra Fadnavis over bank account transfer irregularities
3 years ago

Bombay HC issues notice to Devendra Fadnavis over bank account transfer irregularities

India Today  

The Nagpur Bench of Bombay High Court has issued fresh notice to the former chief minister of Maharashtra, Devendra Fadnavis, while hearing a Public Interest Litigation pertaining to irregularities in the transfer of accounts of police officials from a nationalised bank to a private bank. The plea claimed that Fadnavis, during his tenure as state CM, misused his position to …

Supreme Court Refuses To Stay Investigation Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case; Extends Interim Protection
3 years, 2 months ago

Supreme Court Refuses To Stay Investigation Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case; Extends Interim Protection

Live Law  

The Supreme Court on Friday refused to grant a stay on the criminal case lodged against BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi for the offence of rape. A Bench comprising Justices M.R Shah and A.S Bopanna further ordered that the interim protection from arrest granted earlier by the High Court must be continued until the …

Bombay High Court directs Inquiry Against Lawyer On Allegations of Professional Misconduct
3 years, 5 months ago

Bombay High Court directs Inquiry Against Lawyer On Allegations of Professional Misconduct

Live Law  

The Nagpur Bench of the Bombay High Court on Thursday ordered a preliminary inquiry against a lawyer into allegations of alleged professional misconduct. Justice Rohit Deo directed the Principal District and Sessions Judge, Nagpur,to inquire if accused Swapnil Ramteke's counsel filed a second bail application for his client before the trial court without disclosing that the first bail application had …

'May Be An Irregularity, Not An Illegality' : Maharashtra Govt On Special NIA Court Not Taking Cognizance Of Bhima Koregaon Case
3 years, 5 months ago

'May Be An Irregularity, Not An Illegality' : Maharashtra Govt On Special NIA Court Not Taking Cognizance Of Bhima Koregaon Case

Live Law  

The State submitted that in her entire petition Bharadwaj hasn't averred at a single place that she was "denied justice" because a sessions court, and not a special court under the NIA Act, took cognisance of the chargesheet against her and other accused on February 21, 2019. And the definition of "court" under the Act "means a criminal court having …

Bombay HC dismisses plea seeking registration of theft case against former Maharashtra CM Fadnavis
3 years, 5 months ago

Bombay HC dismisses plea seeking registration of theft case against former Maharashtra CM Fadnavis

India Today  

Granting relief to former Maharashtra chief minister Devendra Fadnavis, the Nagpur bench of the Bombay High Court dismissed a petition that alleged that Fadnavis and his associates had obtained pleadings from the office of the government pleader in an unauthorised manner. The bench of Justice VM Deshpande and Justice Amit B Borkar observed that copies of documents in the judicial …

Bombay High Court Adjourns Maharashtra Govt Plea Against CBI Probe In Anil Deshmukh Case To June 18
3 years, 6 months ago

Bombay High Court Adjourns Maharashtra Govt Plea Against CBI Probe In Anil Deshmukh Case To June 18

Live Law  

The Bombay High Court on Thursday adjourned the Maharashtra Government's petition, Filed through the Additional Chief Secretary of the Home Department, seeking deletion of portions in Central Bureau of Investigation's FIR against former State Home Minister Anil Deshmukh and others, to June 18. The CBI also agreed to continue its statement that it would not act till June 19 on …

Can CJM Extend Period Of Investigation For Case Registered Under UAPA?, Punjab & Haryana High Court To Examine [Read Order]
4 years, 2 months ago

Can CJM Extend Period Of Investigation For Case Registered Under UAPA?, Punjab & Haryana High Court To Examine [Read Order]

Live Law  

The Punjab and Haryana High Court has decided to examine whether a Chief Judicial Magistrate can grant extension of time to an investigating agency for completion of investigation in a criminal case registered under the provisions of the Unlawful Activities Prevention Act. The Petitioner's counsel, Advocate Saurav Bhatia had submitted that the since the Petitioner had been implicated under the …

SC Dismisses Fadnavis's Review Against Verdict Setting Aside Clean Chit In False Election Affidavit Case [Read Order]
4 years, 10 months ago

SC Dismisses Fadnavis's Review Against Verdict Setting Aside Clean Chit In False Election Affidavit Case [Read Order]

Live Law  

In a set back for former Maharashtra Chief Minister Devendra Fadnavis, the Supreme Court has dismissed his review petition against the SC judgment directing him to face trial in the alleged false election affidavit case.A bench comprising Justices Arun Mishra, Deepak Gupta and Aniruddha Bose had heard the review petition in open court on February 18.In the order released on …

SC Reserves Order On Fadnavis's Review Against Verdict Setting Aside Clean Chit In False Election Affidavit Case
4 years, 10 months ago

SC Reserves Order On Fadnavis's Review Against Verdict Setting Aside Clean Chit In False Election Affidavit Case

Live Law  

The Supreme Court on Tuesday reserved orders on the review petition filed by former Maharashtra Chief Minister Devendra Fadnavis against the October judgment of the SC that had set aside the clean chit given to him by Bombay High Court in a case alleging filing of false election affidavit.A three judge bench comprising Justices Arun Mishra, Deepak Gupta and Aniruddha …

SC Agrees To Hear In Open Court Devendra Fadnavis's Review In False Election Affidavit Case
4 years, 11 months ago

SC Agrees To Hear In Open Court Devendra Fadnavis's Review In False Election Affidavit Case

Live Law  

The Supreme Court has agreed to hear in open court the review petition filed by former Maharashtra Chief Minister Devendra Fadnavis against last year's judgment that had set aside his clean chit in a case alleging election malpractice.A three judge bench comprising Justices Arun Mishra, Deepak Gupta and Aniruddha Bose allowed Fadnavis's application for allowing oral hearing of review petition. …

Bombay HC Issues Notice To Ex-CM Devendra Fadnavis In Plea Challenging His Election
4 years, 11 months ago

Bombay HC Issues Notice To Ex-CM Devendra Fadnavis In Plea Challenging His Election

Live Law  

The Bombay High Court on Tuesday issued notice to former Chief Minister of Maharashtra Devendra Fadnavis in a plea challenging his election from Nagpur constituency.The writ petition was filed by Advocate Satish Uke alleging that Fadnavis "indulged in corrupt practices, thereby vitiating the election, as a result of which declaration in favour of the sole respondent as. The Bombay High …

Fadnavis' poll affidavit case: Next hearing on Jan 4
5 years, 1 month ago

Fadnavis' poll affidavit case: Next hearing on Jan 4

India TV News  

A Nagpur court on Wednesday fixed January 4, 2020 as the date of next hearing of the case in which former Maharashtra Chief Minister Devendra Fadnavis is accused of concealing information about two criminal matters against him in an election affidavit. Earlier, Fadnavis' counsel Uday Dable prayed the magistrate's court to allow exemption to the BJP leader from appearance in …

Fadnavis Summoned By Court Over Non-Disclosure Of Criminal Cases In Election Affidavit
5 years, 1 month ago

Fadnavis Summoned By Court Over Non-Disclosure Of Criminal Cases In Election Affidavit

ABP News  

Nagpur : Nagpur Police on Thursday delivered a summons, issued by a local court to former Maharashtra chief minister Devendra Fadnavis, in connection with a case where he is accused of concealing information about two criminal matters against him in election affidavit. A magistrate's court, on November 1, had restored an application seeking criminal proceedings against the BJP leader for …

Supreme Court Monthly Digest- August 2019
5 years, 3 months ago

Supreme Court Monthly Digest- August 2019

Live Law  

Section 313 CrPC: Inculpatory Material As Not Put To The Accused Must Be Eschewed Samsul Haque vs. State of Assam The Supreme Court has reiterated that the incriminating material that came in evidence is to be put to the accused during his examination under Section 313 of the Criminal Procedure Code.The bench comprising Justice Sanjay Kishan Kaul and Justice KM …

Opposition demands Devendra Fadnavis’ resignation
5 years, 3 months ago

Opposition demands Devendra Fadnavis’ resignation

The Hindu  

The Opposition Congress and Nationalist Congress Party on Tuesday demanded the resignation of Chief Minister Devendra Fadnavis after the Supreme Court set aside the Bombay High Court order that gave him a clean chit in a case of not disclosing criminal matters in a 2014 poll affidavit. The NCP’s chief spokesperson and Mumbai unit president Nawab Malik said that Mr. …

Devendra Fadnavis must face trial over poll papers: SC
5 years, 3 months ago

Devendra Fadnavis must face trial over poll papers: SC

The Hindu  

Dealing a blow to Maharashtra Chief Minister Devendra Fadnavis days before the Assembly election, the Supreme Court on Tuesday directed that he face trial for suppressing information in his 2014 election documents about two forgery and criminal defamation cases pending in a Nagpur court. A Bench of Chief Justice of India Ranjan Gogoi and Justices Deepak Gupta and Aniruddha Bose …

SC's big blow to Devendra Fadnavis: Maha CM to face trial for filing false poll affidavit in 2014
5 years, 3 months ago

SC's big blow to Devendra Fadnavis: Maha CM to face trial for filing false poll affidavit in 2014

India Today  

In a major setback for Maharashtra CM Devendra Fadnavis, the Supreme Court on Tuesday paved the way for his prosecution for a filing false election affidavit in 2014. The apex court said that Devendra Fadnavis will have to face trial for allegedly suppressing pendency of 2 criminal cases in his poll affidavit. The Supreme Court set aside the concurrent clean …

SC Reserves Order On Plea Challenging Election Of Devendra Fadnavis
5 years, 5 months ago

SC Reserves Order On Plea Challenging Election Of Devendra Fadnavis

Live Law  

The Supreme Court on Tuesday reserved verdict on a plea seeking annulment of election of Maharashtra Chief Minister Devendra Fadnavis to the state Assembly over the alleged concealment of criminal cases against him in the election papers.A bench headed by Chief Justice Ranjan Gogoi and comprising Justices Deepak Gupta and Aniruddha Bose reserved the verdict after senior advocates Mukul. The …

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