Seriously Disputed Facts, Like A Maze: Karnataka HC Refuses To Quash Cheating Case Against Two Booked For Defrauding Amazon Of Rs 70 Lakh
3 months, 3 weeks ago

Seriously Disputed Facts, Like A Maze: Karnataka HC Refuses To Quash Cheating Case Against Two Booked For Defrauding Amazon Of Rs 70 Lakh

Live Law  

Dismissing a plea filed by two persons seeking quashing of an FIR registered against them for allegedly defrauding Amazon Seller Services Limited to the tune of Rs 69,91,940, the Karnataka High Court said that the facts in the case are "so seriously disputed" that they are like a "maze" and would require a full blown trial. Dismissing the petition filed by Sourish Bose and Deepanvita Ghosh Justice M Nagaprasanna in his order said, “The Apex Court holds that, when the case is shrouded with seriously disputed questions of fact, the High Court should not interfere.The questions of fact are so seriously disputed in the case at hand; they are maze and it would amaze this Court to interfere on such facts”. Dealing with the charge of cheating the court said, “If the facts are pitted to the ingredients of Section 415, what would unmistakably emerge is that, the property of Amazon is with a dishonest intention booked and secured, again with a dishonest intention, returned and refund is sought on a changed product. The court dismissed the petition saying, “The case at hand is shrouded with seriously disputed questions of fact and any such seriously disputed questions of fact can be thrashed out only in a full-blown trial.

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History of this topic

Probe By Police Before Lodging FIR Is Illegal: Karnataka HC Quashes Case Against Two Accused Of Illegally Transporting Cattle For Slaughter
2 weeks ago

Probe By Police Before Lodging FIR Is Illegal: Karnataka HC Quashes Case Against Two Accused Of Illegally Transporting Cattle For Slaughter

Live Law  

The Karnataka High Court has quashed a case registered against two persons accused of illegally transporting cattle for slaughter, who were charged on the basis of a confessional statement given by the co-accused. Justice Hemant Chandangoudar allowed the petition filed by Ismail Jabiulla and another and quashed the case registered against them under Sections 4, 6, 7, 8, and 12 …

Karnataka High Court Declines To Quash Murder Case Filed By Son Against Father Over Death Of Mother Who Fell From 16th Floor Apartment
2 weeks ago

Karnataka High Court Declines To Quash Murder Case Filed By Son Against Father Over Death Of Mother Who Fell From 16th Floor Apartment

Live Law  

The Karnataka High Court has refused to quash murder proceedings initiated by a man against his father after his mother died by falling from their apartment situated on the 16th floor. Justice M Nagaprasanna while dismissing the petition filed by Devendra Bhatia said “When the evidence of both the children as quoted hereinabove would pin the petitioner down albeit, prima …

Karnataka High Court refuses to interfere with sanction granted for prosecuting three officials for ‘illegally’ favouring former Chief Secretary’s mother
3 weeks ago

Karnataka High Court refuses to interfere with sanction granted for prosecuting three officials for ‘illegally’ favouring former Chief Secretary’s mother

The Hindu  

The High Court of Karnataka has refused to interfere with the sanction granted by the State government for prosecuting V. Shankar, former Deputy Commissioner of Bengaluru Urban district, and two others in a criminal case of alleged misconduct in official discharge of duties by favouring the mother of the then Chief Secretary in allegedly owning two acres of government land …

'Satire Protected Under Article 19' : Karnataka High Court Quashes FIR Over College Skit Allegedly Insulting Ambedkar & Dalits
3 weeks, 3 days ago

'Satire Protected Under Article 19' : Karnataka High Court Quashes FIR Over College Skit Allegedly Insulting Ambedkar & Dalits

Live Law  

The Karnataka High Court recently quashed a case registered against students and faculty members of the Jain Centre of Management Studies who were booked for staging a skit that allegedly referred to Dr B R Ambedkar and Dalits in a derogatory manner. It said, “The skit/short play performed by the petitioner was in the nature of satire/entertainment, which is constitutionally …

'Satire Protected Under Article 19' : Karnataka High Court Quashes FIR Over College Skit Allegedly Insulting Ambedkar & Dalits
Trending News
3 weeks, 3 days ago

'Satire Protected Under Article 19' : Karnataka High Court Quashes FIR Over College Skit Allegedly Insulting Ambedkar & Dalits

Live Law  

The Karnataka High Court recently quashed a case registered against students and faculty members of the Jain Centre of Management Studies who were booked for staging a skit that allegedly referred to Dr B R Ambedkar and Dalits in a derogatory manner. It said, “The skit/short play performed by the petitioner was in the nature of satire/entertainment, which is constitutionally …

Karnataka High Court Declines To Quash Cheating Case Against Shuttler Lakshya Sen, Others Accused Of Fabricating Birth Certificates
1 month ago

Karnataka High Court Declines To Quash Cheating Case Against Shuttler Lakshya Sen, Others Accused Of Fabricating Birth Certificates

Live Law  

The Karnataka High Court has refused to quash a cheating case registered against Badminton players Lakshya Sen, Chirag Sen, their parents and coach U Vimal Kumar, wherein they are accused of fabricating their birth certificates, to enable them to take part in the badminton tournaments and thereby claim benefits illegally from the Government. Justice M G Uma dismissed the petition …

MUDA case: Karnataka High Court reserves verdict on pleas of CM Siddaramaiah’s wife and Minister Byrathi Suresh against ED’s summons
1 month ago

MUDA case: Karnataka High Court reserves verdict on pleas of CM Siddaramaiah’s wife and Minister Byrathi Suresh against ED’s summons

The Hindu  

The High Court of Karnataka on Thursday reserved its verdict on the petitions filed by Chief Minister Siddaramaiah’s wife, B.M. Larger scope Meanwhile, the ED made it clear to the court that its investigation in the MUDA case was not confined to only the allegation of allotment of 14 sites illegally to Ms. Parvathi but also the illegal allotment of …

Telangana HC Refuses To Quash Criminal Cases Against Ex-MLA Jeevan Reddy
1 month ago

Telangana HC Refuses To Quash Criminal Cases Against Ex-MLA Jeevan Reddy

Deccan Chronicle  

Hyderabad: In a setback to BRS former MLA Ashannagari Jeevan Reddy and his family members, the Telangana High Court on Wednesday refused to quash criminal cases filed against them in relation to charges of trespass, extortion and illegal encroachment of land. Justice K. Lakshman dismissed the two quash petitions filed by Jeevan Reddy, his wife and mother and business partners …

IMA scam: HC upholds discharge of SI
1 month, 2 weeks ago

IMA scam: HC upholds discharge of SI

The Hindu  

The High Court of Karnataka has upheld the trial court’s order of discharging a sub-inspector of police from a criminal case registered in connection with the I-Monetary Advisory Group of companies. The order of the trial court discharging Gowrishankar, who was then working as an SI in the Commercial Street police station, is a well-reasoned one in tune with the …

Karnataka High Court refuses to quash criminal proceedings against company founder and others on allegation of cheating a Bengaluru-based stock investor
2 months ago

Karnataka High Court refuses to quash criminal proceedings against company founder and others on allegation of cheating a Bengaluru-based stock investor

The Hindu  

The High Court of Karnataka has refused to quash criminal proceedings against Anand Rathi, founder and director of Anand Rathi Shares and Stock Brokers Ltd., and 10 other executives and officers of the company in a case of allegedly cheating a 67-year-old investor and indulging unauthorised monetary transactions through his bank account. “I do not find any error in the …

Foolproof case against B S Yediyurappa, Karnataka government tells HC
2 months, 1 week ago

Foolproof case against B S Yediyurappa, Karnataka government tells HC

New Indian Express  

BENGALURU: There is a foolproof case against BJP leader and former CM B S Yediyurappa in the POCSO case and the recorded conversation between him and the victim references what happened between them, argued Special Public Prosecutor Ravivarma Kumar before the Karnataka High Court on Wednesday. He also submitted that the conversation between the victim’s mother when she confronted the …

POCSO case against Yediyurappa cannot be quashed as victim’s statement has to be tested during trial as she is the lone eyewitness: CID tells Karnataka High Court
2 months, 1 week ago

POCSO case against Yediyurappa cannot be quashed as victim’s statement has to be tested during trial as she is the lone eyewitness: CID tells Karnataka High Court

The Hindu  

The criminal case against former Chief Minister B.S. Yediyurappa on the allegation of sexually assaulting a 17-year-old girl at his residence cannot be quashed as the victim had recorded her voluntary statement before a magistrate affirming the allegations made in the complaint lodged by her mother, it was contended before the High Court of Karnataka on Wednesday on behalf of …

Supreme Court Refuses To Entertain BRS MLA KTR's Plea To Quash FIR In Formula-E Race "Scam"
2 months, 1 week ago

Supreme Court Refuses To Entertain BRS MLA KTR's Plea To Quash FIR In Formula-E Race "Scam"

Live Law  

The Supreme Court today dismissed as withdrawn a Special Leave Petition filed by Bharat Rashtra Samithi MLA Kalvakuntla Taraka Ram Rao against the Telangana High Court's order refusing to quash a First Information Report against him over the alleged Formula-E race "scam".On January 7, the High Court stated that Rao as then Urban Development Minister was controlling. The Supreme Court …

Telangana HC dismisses KTR’s quash petition in Formula-E race case
2 months, 2 weeks ago

Telangana HC dismisses KTR’s quash petition in Formula-E race case

Hindustan Times  

The Telangana high court on Tuesday dismissed a petition filed by Bharat Rashtra Samithi working president and former state minister K T Rama Rao, seeking to quash a first information report filed against him in connection with the alleged financial irregularities in the conduct of Formula-E car race in Hyderabad, people familiar with the matter said. A high court bench …

Karnataka HC refuse to quash case against man charged with raping 13-year-old girl with mental health issue
2 months, 3 weeks ago

Karnataka HC refuse to quash case against man charged with raping 13-year-old girl with mental health issue

New Indian Express  

BENGALURU: Karnataka High Court refused to quash the criminal proceedings initiated against a 48-year-old man from Tumakuru district booked for sexually assaulting a 13-year-old girl. "The victim identifies the petitioner and, narrates though not in minute detail, about the acts of the petitioner", said Justice M Nagaprasanna while recently rejecting the petition filed by accused Krishnappa against the ongoing criminal …

Telangana HC hears petition by KTR to quash corruption case
3 months ago

Telangana HC hears petition by KTR to quash corruption case

New Indian Express  

HYDERABAD: Justice N.V. Shravan Kumar of the Telangana High Court granted permission to hear a lunch motion petition filed by Kalvakuntla Taraka Rama Rao, MLA and Working President of the Bharat Rashtra Samithi. The petition seeks the quashing of proceedings in Crime No.12/RCO-CIU ACB-2024, registered under the Prevention of Corruption Act, 1988, and relevant sections of the Indian Penal Code. …

State Appears To Be Shielding Main Accused Who Haven't Been Summoned In ₹100 Crore Bhovi Corporation "Scam" Probe: Karnataka HC
3 months ago

State Appears To Be Shielding Main Accused Who Haven't Been Summoned In ₹100 Crore Bhovi Corporation "Scam" Probe: Karnataka HC

Live Law  

While hearing a matter seeking transfer of probe in the over Rs 100 crore Bhovi Development Corporation "scam", the Karnataka High Court on Thursday observed that the state government appeared to be shielding the main accused who has not been summoned for investigation and have neither secured bail. Justice M Nagaprasanna was hearing a petition filed by two accused Yashaswini …

Cannot Quash POCSO Case Against BS Yediyurappa Based On Witnesses Statement Denying Alleged Incident: Karnataka High Court
3 months, 1 week ago

Cannot Quash POCSO Case Against BS Yediyurappa Based On Witnesses Statement Denying Alleged Incident: Karnataka High Court

Live Law  

The Karnataka High Court on Wednesday expressed a prima facie view that it was not possible for it to quash proceedings initiated against former Chief Minister B S Yediyurappa registered under the Protection of Children From Sexual Offences Act Act, solely on the statements of witnesses recorded under Section 161 which have given a contrary view to that of the …

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
3 months, 1 week ago

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

Live Law  

The Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by …

HC Quashes Poll Related Violation Case Against MP
3 months, 1 week ago

HC Quashes Poll Related Violation Case Against MP

Deccan Chronicle  

Hyderabad: Justice K. Lakshman of the Telangana High Court quashed criminal proceedings against Vaddiraju Ravichandra, BRS Rajya Sabha member, accused of violating election-related norms during a rally held in 2018. misappropriation case Justice K. Sujana of the Telangana High Court granted bail to an accused in a financial fraud case involving the alleged misappropriation of over Rs 300 crore by …

Supreme Court Issues Notice On Senior Advocate's Plea To Quash FIR Alleging That He Took Rs. 7 Crore From Client To Influence Judges
3 months, 3 weeks ago

Supreme Court Issues Notice On Senior Advocate's Plea To Quash FIR Alleging That He Took Rs. 7 Crore From Client To Influence Judges

Live Law  

The Supreme Court on Monday issued notice in an SLP filed by senior advocate Vedula Venkataramana seeking to quash an FIR registered against him for allegedly taking Rs. Venkataramana filed a petition before the Telangana High Court under Section 482 of the CrPC seeking to quash the FIR on the grounds that it was based on vague and baseless allegations. …

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders
3 months, 3 weeks ago

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders

Live Law  

The Karnataka High Court on Wednesday quashed proceedings initiated against Karnataka State BJP President B Y Vijayendra in connection with an FIR registered over an allegedly offensive post made on X, by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress. As per the prosecution case on April 19 MCC Nodal officer of Gandhinagar informed the complainant …

Karnataka High Court quashes defamation case against BJP MLA Patil Yatnal
5 months, 3 weeks ago

Karnataka High Court quashes defamation case against BJP MLA Patil Yatnal

New Indian Express  

BENGALURU: The Karnataka High Court on Friday quashed a defamation case against MLA Basanagouda R Patil Yatnal, filed by Minister Shivananda S Patil, owing to procedure not being followed under the Bharatiya Nyaya Suraksha Sanhita. Therefore, notice shall be issued to the accused and after hearing the accused, take cognizance and regulate its procedure thereafter,” said Justice M Nagaprasanna while …

Karnataka High Court Refuses To Quash Cheating Case Against Ex-MLA Lingesh, Others Accused Of Bartering Away ₹750 Cr Worth Govt Land
6 months, 1 week ago

Karnataka High Court Refuses To Quash Cheating Case Against Ex-MLA Lingesh, Others Accused Of Bartering Away ₹750 Cr Worth Govt Land

Live Law  

The Karnataka High Court refused to quash a cheating and criminal conspiracy case lodged against former MLA Lingesh K S–who was the Chairman of a committee for regularisation of land between 2016-2023, after "prima facie" observing that the committee had bartered away government land as if it was its personal property. The high court observed that if the petition is …

ED’s ECIR need not be quashed just because FIR has been set aside, rules Madras High Court
6 months, 2 weeks ago

ED’s ECIR need not be quashed just because FIR has been set aside, rules Madras High Court

The Hindu  

The Enforcement Case Information Report registered by the Directorate of Enforcement under the Prevention of Money Laundering Act of 2002 cannot be quashed if the First Information Report registered by another agency for the predicate offence had been quashed only on technical or procedural grounds and not on substantive grounds, the Madras High Court has ruled. The petitioner had contended …

Karnataka HC quashes CBI plea in Deputy CM DK Shivakumar disproportionate assets case
6 months, 3 weeks ago

Karnataka HC quashes CBI plea in Deputy CM DK Shivakumar disproportionate assets case

New Indian Express  

BENGALURU: Deputy Chief Minister DK Shivakumar termed the Karnataka High Court verdict quashing the CBI’s plea in the disproportionate assets case against him, as a victory for the people and the government. “It is more a victory for the people and the government than a personal one,” he told reporters after the HC quashed the application of CBI and BJP …

Karnataka High Court Refuses To Quash Complaint Against Police Inspector Booked For Not Depositing Seized Amount With State Treasury
7 months, 1 week ago

Karnataka High Court Refuses To Quash Complaint Against Police Inspector Booked For Not Depositing Seized Amount With State Treasury

Live Law  

The Karnataka High Court has refused to quash a complaint lodged under Section 7 of the Prevention of Corruption Act, against a police inspector who did not deposit with the state treasury the seized money which was received while investigating a cheating case. A Single judge bench of Justice M Nagaprasanna dismissed the petition filed by Shankar Naik G K …

Karnataka High Court Declines To Quash Case Against TOI Editorial Director Jaideep Bose For Allegedly Defamatory Article On Auction Of Artwork
8 months, 3 weeks ago

Karnataka High Court Declines To Quash Case Against TOI Editorial Director Jaideep Bose For Allegedly Defamatory Article On Auction Of Artwork

Live Law  

The Karnataka High Court has refused to quash a defamation case registered against Jaideep Bose, Editorial Director of Bennett Coleman and Co Ltd, which publishes the newspaper Times of India. The proceedings were initiated by M/s Bid And Hammer Auctioneers Private Limited after an allegedly defamatory article was published in the newspaper about an auction of artwork being conducted by …

Telangana High Court Refuses To Quash FIR Against Senior Advocate Accused Of Accepting Bribe To Influence Judges
8 months, 3 weeks ago

Telangana High Court Refuses To Quash FIR Against Senior Advocate Accused Of Accepting Bribe To Influence Judges

Live Law  

The Telangana High Court has dismissed a petition filed by a senior advocate seeking to quash a FIR lodged against him for allegedly accepting Rs. 7,00,00,000/- to the Petitioner for an illegal purpose i.e., to bribe the judges of the High Court, a criminal complaint, at his instance, against the Petitioner is maintainable.” While declining to quash the FIR, the …

Karnataka High Court Refuses To Quash Tax Evasion FIR Against Bookies Operating In Bangalore Turf Club
10 months, 2 weeks ago

Karnataka High Court Refuses To Quash Tax Evasion FIR Against Bookies Operating In Bangalore Turf Club

Live Law  

The Karnataka High Court has refused to quash proceedings initiated against licensed and unlicensed bookies operating within the Bangalore Turf Club who allegedly collected GST from the punters and TDS amount from the winning bettors but failed to deposit the same before the competent authority and also failed to maintain proper registers. Under the circumstances, I am of the opinion …

Karnataka HC Declines To Quash Defamation Proceedings Against News Channels By Actress Divya Spandana For Portraying Her As Part Of Spot-Fixing Scandal
1 year ago

Karnataka HC Declines To Quash Defamation Proceedings Against News Channels By Actress Divya Spandana For Portraying Her As Part Of Spot-Fixing Scandal

Live Law  

The Karnataka High Court has refused to quash the defamation proceedings against Asianet News Network Pvt. It was said the news was being telecasted in such a manner as if the complainant was one of the persons who was involved in the alleged cricket betting or spot-fixing scandal. The bench noted Section 499 IPC, and said “According to the complainant, …

SC quashes proceedings against Karnataka Deputy CM DK Shivakumar in 2018 money laundering case
1 year ago

SC quashes proceedings against Karnataka Deputy CM DK Shivakumar in 2018 money laundering case

India TV News  

Money laundering case: The Supreme Court on Tuesday quashed proceedings initiated against Karnataka Deputy Chief Minister DK Shivakumar in connection with the 2018 money laundering case. The Congress leader filed a petition in the Supreme Court challenging the Karnataka High Court's decision to reject his plea to quash the Enforcement Directorate summons issued to him in a case related to …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

HC refuses to quash criminal case before trial
1 year, 2 months ago

HC refuses to quash criminal case before trial

Deccan Chronicle  

Hyderabad: Refusing to quash a criminal case even before the trial had started, Justice K. Surender of the Telangana High Court said that the courts should not thwart investigation and power should be exercised very sparingly and with circumspection, and that too in the rarest of rare cases in quashing criminal prosecution. The judge accordingly dismissed a petition filed by …

Telangana HC quashes criminal case for want of sanction
1 year, 2 months ago

Telangana HC quashes criminal case for want of sanction

Deccan Chronicle  

The Deputy Commissioner of Central Excise and Service Tax filed a complaint before the special judge for economic offences on charges of evading central excise duty in the guise of trading of modular furniture, falling under the heading 9403 of the First Schedule to the Central Excise Tariff Act, 1985, even after crossing the threshold exemption limit and were liable …

Karnataka High Court Refuses To Quash Proceedings Against Congress MLA Zameer Ahmed Khan In Disproportionate Assets Case
1 year, 4 months ago

Karnataka High Court Refuses To Quash Proceedings Against Congress MLA Zameer Ahmed Khan In Disproportionate Assets Case

Live Law  

The Karnataka High Court has dismissed a petition filed by Congress party legislator Zameer Ahmed Khan, seeking to quash proceedings initiated against him under the provisions of the Prevention of Corruption Act, for allegedly possessing assets disproportionate to his known source of income. A single judge bench of Justice M Nagaprasanna said “A perusal at the source information report or …

Karnataka High Court 'Obliterates' PMLA Proceedings Against Developer For Delay In Delivering Flat To Homebuyer
1 year, 4 months ago

Karnataka High Court 'Obliterates' PMLA Proceedings Against Developer For Delay In Delivering Flat To Homebuyer

Live Law  

The Karnataka High Court has quashed a criminal case for cheating registered by a home buyer against a Developer for delay in delivery of his flat. If the execution of the sale deed is not accepted by the complainant, it cannot mean that it would become a criminal breach of trust or cheating, as the case would be, as there …

HC Quashes Case Against Former CS Of MP Gopal Reddy
1 year, 6 months ago

HC Quashes Case Against Former CS Of MP Gopal Reddy

Deccan Chronicle  

Hyderabad: The Telangana High Court on Wednesday quashed a criminal case registered by the Enforcement Directorate against former chief secretary of Madhya Pradesh M. Gopal Reddy in connection with the Rs 3,000 crore e-tendering scam that rocked Madhya Pradesh. ED had filed the case against Reddy based on the criminal case registered by the economic offence wing of Bhopal. He …

​Karnataka HC quashes case against Nadda, says 'reckless registration of crime' based on absurd allegations
1 year, 7 months ago

​Karnataka HC quashes case against Nadda, says 'reckless registration of crime' based on absurd allegations

India TV News  

The Karnataka High Court has quashed the criminal proceedings in a case against BJP national president JP Nadda in connection with an election speech ahead of the Assembly polls in May, and called it a “reckless registration of crime." A complaint was lodged by an election officer at the Harapanahalli police station on May 9 under Section 171F, alleging that …

Can't Be Taken Lightly: Karnataka High Court Refuses To Quash Proceedings Against Five For Allegedly Demanding Money To Withdraw PIL Against Mutt
1 year, 8 months ago

Can't Be Taken Lightly: Karnataka High Court Refuses To Quash Proceedings Against Five For Allegedly Demanding Money To Withdraw PIL Against Mutt

Live Law  

The Karnataka High Court recently dismissed a petition filed by five persons seeking to quash proceedings initiated against them for allegedly demanding money from the Chief Administrator Officer of Ramachandrapura Mutt for withdrawing a PIL filed by Gokarna Hitha Rakshana Samithi against the Mutt, alleging financial irregularities. A single judge bench of Justice K Natarajan said, “Considering the facts and …

Election Campaign: Karnataka High Court Quashes 4 Yrs Old Case Against Congress MP DK Suresh
1 year, 9 months ago

Election Campaign: Karnataka High Court Quashes 4 Yrs Old Case Against Congress MP DK Suresh

Live Law  

The Karnataka High Court has quashed a case registered in the year 2019, under sections 171H of the Indian Penal Code, and Section 133 of the Representation of People Act, against Congress MP D.K. The coordinate bench while considering the case of the co-accused in its order dated September 27, 2022 had noted that charge sheet filed for offence under …

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat High Court
1 year, 10 months ago

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat High Court

Live Law  

While allowing a leave to appeal against acquittal in a criminal case under Section 138 of the N.I. Act, the Gujarat High Court said the Magistrate's approach in shifting the burden upon the complainant to prove his case beyond reasonable doubt was not proper “when the accused has chosen not to question the financial capacity of complainant at very first …

HC quashes criminal case proceedings against BRS MLS Nagender
2 years ago

HC quashes criminal case proceedings against BRS MLS Nagender

Deccan Chronicle  

Hyderabad: The Telangana High Court has quashed proceedings in a criminal case filed against BRS Khairatabad MLA Danam Nagender after he struck a compromise with the de facto complainant, K. Suryanarayana, manager of the Lakshmi Narasimha Swamy temple at Banjara Hills. Chief Justice Ujjal Bhuyan delivered the order on a petition filed by Nagender seeking quashing of the chargesheet filed …

Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court
2 years, 1 month ago

Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court

Live Law  

The Karnataka High Court has said that a petition filed under Section 482 of the Criminal Procedure Code, seeking to quash conviction handed down to an accused under the Negotiable Instruments Act is not maintainable. Therefore, the High Court can entertain Section 482 of Cr.P.C, if the complaint is dismissed for non-prosecution or dismissed for default under section 256 of …

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made
2 years, 1 month ago

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made

Live Law  

The Karnataka High Court has quashed a criminal case where "omnibus allegations" of physical and mental harassment were made by a woman against her sister-in-law. A single judge bench of Justice Mohammad Nawaz allowed the petition filed by a woman who was chargesheeted along with other accused under sections 498-A, 323, 504 read with Section 149 IPC. The court said, …

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent
2 years, 3 months ago

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent

Live Law  

The Supreme Court, in an judgment passed yesterday, quashed criminal proceedings against an accused in a cheating case after noticing that the complainant in fact availed civil remedy.The court however clarified that this order in the facts and circumstances of the present case and the same shall not be cited as a precedent.In this case, the complainant alleged that his …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 5 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

S.207 CrPC | Denial Of Chargesheet Material To Accused Results In Unfair Trial: Karnataka High Court
2 years, 7 months ago

S.207 CrPC | Denial Of Chargesheet Material To Accused Results In Unfair Trial: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that a petitioner/accused would become entitled to all copies of the charge sheet material, denial of which would undoubtedly be contrary to the principle of fairness and result in an unfair trial. Mehta had questioned the order of Additional City Civil and Sessions Judge, Bengaluru, only partly allowing his application under Section 207 of …

Supreme Court stays Karnataka HC's order refusing to quash corruption case against BS Yediyurappa
2 years, 8 months ago

Supreme Court stays Karnataka HC's order refusing to quash corruption case against BS Yediyurappa

India Today  

The Supreme Court on Friday put a stay on Karnataka High Court’s order refusing to quash a criminal complaint registered against Karnataka’s former CM BS Yediyurappa under the Prevention of Corruption Act. A bench comprising of Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli issued the notice in a special leave petition filed by Yediyurappa …

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