24 June 2019

Search Results for Tag : Proceedings


Jammu and Kashmir HC approves suo moto accountability(01.02.2016)

Jammu and Kashmir High Court ruled the State’s Accountability Commission, a body receiving complaints against public functionaries, capable of beginni.....

Tags : Accountability commission, suo moto, proceedings


Court rejects spouse’s conditional cooperation in matrimonial dispute(05.05.2016)

Parties to a matrimonial case cannot stall the legal system by refusing to participate in the proceeding on the precondition that another proceeding b.....

Tags : matrimonial dispute, parallel proceedings, delay


State has no business to expropriate property, if an award made and necessary steps to complete acquisition have not been taken for a period of five years or more(09.09.2016)

In instant case, a Notification under Section 4 of Land Acquisition Act, 1894, was issued on 24th October, 1961, stating that public purpose for acqui.....

Tags : Compensation, Acquisition, Proceedings, Lapsed


A special law shall prevail over the general and prior laws(14.12.2016)

Present Appellant filed an application before trial court to drop the proceedings against him. Trial court partly allowed application and dropped proc.....

Tags : Charge, Provisions, Proceedings, Validity


Deposit of compensation amount in government treasury is not equivalent to compensation paid to landowners/persons interested(20.12.2016)

Instant Petition by Petitioners claiming to be legal heirs of owner of land situated at Talavali village, Taluka and District Thane within municipal l.....

Tags : Acquisition, Compensation, Proceedings, Lapse


Officer dealing externment proceedings against person has to record his opinion that witnesses not willing to give evidence in public against that person(19.12.2016)

In order to fulfill mandate of Section 56 (1) (b) of Maharashtra Police Act, designated officer dealing externment proceedings has to record his opini.....

Tags : Proceedings, Externment, Validity


To have territorial jurisdiction at Delhi, whole or part of cause of action would have to accrue at Delhi(19.12.2016)

Present writ petition impugns orders passed by Respondent/Central Bank of India/ employer whereby Petitioner has been inflicted punishment of dismissa.....

Tags : Proceedings, Jurisdiction, Cause of action


Designated officer dealing externment proceedings has to record opinion that, witnesses not willing to give evidence in public(02.02.2017)

Instant Petition filed for quashing and setting aside of impugned orders passed by Ld. Divisional Commissioner, Aurangabad and Sub Divisional Officer,.....

Tags : Proceedings, Externment, Validity


A charge-sheet or show cause notice, issued in course of disciplinary proceedings, cannot ordinarily be quashed by Court(13.02.2017)

Applicant has assailed memorandum of charges and order whereby Respondents have not considered grant of medical leave from 21st March, 2014 to 10th Ap.....

Tags : Charge, Proceedings, Delay


For attracting the provisions of offence punishable Section 7 of Essential Commodities Act,1955/Act the order under Section 3 of Act is essential.(08.03.2017)

By way of filing these applications, Applicants have prayed to quash and set aside respective first information reports, registered against them for .....

Tags : FIR, Proceedings, Quashing


Conviction under Section 306 of Indian Penal Code, 1860 can be sustained only on positive act on part of accused to instigate or aid in committing suicide(06.03.2017)

In facts of present case, Applicant submits that, even reading of suicide note as it is, it does not disclose any grudge and grievance against presen.....

Tags : Mens rea, Proceedings, Validity


Power to punish for contempt vested in a Court of Record does not extend to punishing for contempt of superior Court(02.01.2017)

In present appeals, Appellants called in question the correctness of an order passed by a Division Bench of High Court of Delhi whereby Appellants hav.....

Tags : Proceedings, Suo-motu, Contempt, Jurisdiction


An ‘error of judgment’ by doctor does not make him guilty of criminal negligence under section 304-a of IPC(06.04.2017)

Appellant herein is a doctor and has challenged order passed by High Court of Judicature of Bombay, whereby Petition filed by Appellant under Section .....

Tags : Negligence, Proceedings, Quashing


Legal proceedings cannot be initiated without completing assessment proceedings(14.06.2017)

In facts of present case, Appellant imported P-68 watch movement from Hong Kang and filed Bills of Entry. On basis of invoice issued by overseas suppl.....

Tags : Proceedings, Demand, Maintainability


An employee, in discharge of his duties, is required to exercise higher standard of honesty and integrity(11.09.2017)

Present appeal is against the final judgment passed by the High Court whereby the Division Bench of the High Court allowed the appeal filed by the Lif.....

Tags : Departmental proceedings, Dismissal, Validity


Adjudicatory proceedings before Tribunal will not be affected by the provisions in the Companies Act(07.09.2017)

In present matters, execution applications have been filed and are pending. Matters are against S. Tel Pvt. Ltd. which is facing liquidation proceedin.....

Tags : Execution proceedings, Jurisdiction


An appeal shall lie only from the final order passed by a Court(15.09.2017)

The present writ petition has been filed challenging the order passed by the learned Financial Commissioner in Revision Petition whereby the learned F.....

Tags : Proceedings, Appeal, Maintainability


Sufficiency of the material cannot be called into question(27.09.2017)

The Petitioner has invoked the writ jurisdiction of present Court under Article 226 of the Constitution of India and under Section 482 of the Code of .....

Tags : Externment, Proceedings, Validity


Once any act or omission has been found to have been committed by a public servant in discharge of his duty then, it must be given liberal and wide construction(26.09.2017)

The Petitioner have filed applications challenging the impugned order passed by Sub-divisional Judicial Magistrate, taking cognizance of offences unde.....

Tags : Proceedings, Sanction, Legality


Once Session judge has found that order of authority is not accordance with law, then that order cannot be quashed(28.10.2017)

In the instant petition, the Petitioner has assailed the validity of the order passed by Additional Sessions Judge, whereby the order passed by Petiti.....

Tags : Proceedings, Legality, Supervisory jurisdiction


Executive Directors are authorized to extend validity of waiting lists of candidates for further period of one year(13.11.2017)

The Petitioner, working as Junior Engineer with Respondent No. 1-the Maharashtra State Electricity Distribution Limited ("the MSEDCL") has approached .....

Tags : Disciplinary proceedings, Pendency, Selection


Arbitrator has power to recall his earlier order of termination of proceedings if sufficient cause is shown by claimant(30.12.2017)

By present petition, the Petitioners have prayed for condonation of delay, in filing petition and prays that, the Procedural Order Sheets passed by th.....

Tags : Arbitral proceedings, Termination, Validity


When sender has dispatched notice by post with correct address, then it can be deemed to have been served upon the sendee(19.04.2018)

The Applicant, through present application moved under Section 482 of Code of Criminal Procedure, 1973 (CrPC), has invoked the inherent jurisdiction o.....

Tags : Notice, Service, Proceedings, Quashing of


Mere payment of contributions after filing of case will not absolve employer from his liability(27.04.2018)

In facts of present case, on November 19, 2014, Enforcement Officer, Employees Provident Fund Organization (Opposite party No. 2) inspected the establ.....

Tags : Provident Fund, Deposit, Default, Proceedings, Quashing


Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at beginning of transaction(31.05.2018)

Present application under Section 482 of Code of Criminal Procedure, 1973 (CrPC) has been filed for quashing the summoning order passed by Additional .....

Tags : Misappropriation, Proceedings, Quashing of


Relatives of husband should not be roped in on basis of omnibus allegations unless specific instances of their involvement in crime are made out(21.08.2018)

In instant case, Respondent No. 2 submitted a complaint to the Police Station, Cyberabad, alleging harassment by her husband and his family members in.....

Tags : FIR, Proceedings, Quashing


Departmental inquiry can continue despite acquittal of delinquent in a criminal case(18.08.2018)

The present writ petition has been filed for quashing the order issued by the District & Sessions Judge, whereby and whereunder, the Petitioner has be.....

Tags : Disciplinary proceedings, Inquiry, Legality


Act of issuance of process is a serious business; a trial cannot be based on vague and incomplete allegations in complaint(26.09.2018)

Present application has been filed for invoking inherent powers of present Court, by the original accused No. 2 in order to challenge order of issue o.....

Tags : Complaint, Proceedings, Validity


High Court had power to prevent abuse and quash confronted proceeding, if any attempt is made to abuse the authority(29.10.2018)

The present petition has been filed to set aside the order convicting Petitioner under Section 376, 323 of Indian Penal Code, 1860 (IPC), and the orde.....

Tags : Proceedings, Quashing of, Jurisdiction


Accused is entitled to get discharge, if there is no material on record to attract ingredients of offences alleged(29.10.2018)

The Petitioner herein has filed Petition under Section 227 of Code of Criminal Procedure, 1973 (CrPC) praying to discharge him from case pending on th.....

Tags : Proceedings, Discharge, Grant


Case of demand of dowry must co-relate with marriage or pre-marriage stage and not every demand after marriage will come within purview of dowry(06.12.2018)

Present application under Section 482 of Code of Criminal Procedure, 1973 (CrPC) has been filed to quash the proceeding of case under Sections 498A, 3.....

Tags : Dowry demand, Proceedings, Quashing of


If cheque amount with assessed cost and interest has been paid, proceedings can be closed even in absence of complainant(01.01.2019)

The complainant/Respondent No. 1 instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act') against the Petitioner on th.....

Tags : Proceedings, Cheque, Dishonour, Compounding thereof


Mere fact that, complaint relates to a commercial transaction or breach of contract for which a civil remedy is available is not by itself a ground to quash criminal proceedings(11.01.2019)

Criminal Miscellaneous application is for quashing the order rejecting the petition filed for discharge of the Petitioner. The allegation against the .....

Tags : Commercial transaction, Breach, Proceedings, Quashing


Once Investigating Officer submitted final report on conclusion of investigation, High Court was not justified in interfering with criminal proceedings(22.01.2019)

In instant matter, the Appellant herein-original Complainant filed a Criminal Complaint against the private Respondents herein-the original Accused be.....

Tags : Proceedings, Quashing of, Validity


If dismissal of complaint was not on merit, but on default of complainant, moving Magistrate again with a second complaint on same facts is maintainable(14.12.2018)

Present appeal is against the final judgment passed by the High Court allowing Criminal Original Petition filed under Section 482 Code of Criminal Pro.....

Tags : Proceedings, Quashing of, Validity


Mere fact of taking of cognizance in no way can be said to be "commencement of proceeding"(18.02.2019)

The Petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing the order passed by learned Sub-divis.....

Tags : Cognizance, Proceedings, Quashing of


For summoning an Accused under Section 319 of Cr. PC, it requires much stronger evidence than mere probability of his complicity(27.02.2019)

Present appeals arise out of the order passed by the High Court by which the High Court has affirmed the order of the trial court summoning the Appell.....

Tags : Summon, Proceedings, Validity


Order whereby cognizance of offence has been taken by the Magistrate should not be interfered with, unless it is perverse or based on no material(07.03.2019)

Present application under Section 482 of Code of Criminal Procedure, 1973 (CrPC) has been filed by the Applicant with the request to quash the summoni.....

Tags : Cognizance, Proceedings, Final report


Remedy available under Consumer Protection Act does not debar criminal action(14.03.2019)

Present petition has been preferred under Section 482 of Code of Criminal Procedure, 1973 (CrPC) for quashment of impugned order whereby the applicati.....

Tags : Proceedings, Cognizance, Quashing of


At stage of framing charges, Court would only be required to consider existence of a prima facie case(28.03.2019)

Present Petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (CrPC) praying for setting aside the order by means of which, th.....

Tags : Charge, Proceedings, Validity


For wrongdoing of a Company, its officers may be responsible, but not to extent that all employees of a Company would be criminally liable(28.03.2019)

The Petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC). For quashing of the order of cognizance passed by.....

Tags : Proceedings, Quashing of, Validity


Matter which essentially involves disputes of civil nature should not be allowed to be subject matter of a criminal offence(26.04.2019)

Through the instant petition filed under Section 561-A of Code of Criminal Procedure, 1973 (CrPC), Petitioner seeks quashment of complaint filed by Re.....

Tags : Proceedings, Quashment, Civil dispute


Departmental proceedings shall be deemed to be instituted on date on which statement of charges is issued to Government servant or pensioner(03.05.2019)

The Petitioner assails the order passed by the Central Administrative Tribunal. The Petitioner had assailed the initiation of departmental proceedings.....

Tags : Departmental proceedings, Time limit, Applicability


Vague and general allegations not enough to incriminate remote relatives of husband(04.06.2019)

The Applicants preferred present application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking relief to quash and set aside th.....

Tags : FIR, Proceedings, Quashing of


Persons who were in charge of and responsible for conduct of business of company at time of commission of offence are only liable for criminal action(06.06.2019)

The Petitioner is a employee of SIDBI Venture Capital Limited, which appointed the Petitioner as a nominee Director of the Avni Energy Solutions Priva.....

Tags : Proceedings, Quashing of



Penalty Proceedings can’t be Initiated Without a Specific Charge: ITAT(19.04.2019)

Income Tax Appellate Tribunal (ITAT), Indore bench has ruled that no penalty proceedings can be initiated on a suspected defaulter assessee without sp.....

Tags : ITAT, Penalty Proceedings, Specific Charge


Gauhati HC Put Hold on Assembly Proceedings in Arunachal Pradesh(18.12.2015)

Gauhati High Court has put on hold assembly proceedings in Arunachal Pradesh till February 2, providing relief to Congress Government which was voted .....

Tags : Gauhati High Court, Arunachal Pradesh proceedings


SERVICE - No Disciplinary Proceedings Against Employee for 'Illicit Sexual Relationship': Rajasthan HC(18.03.2019)

Rajasthan High Court has held that government shall not initiate departmental proceedings against a government servant on basis of a complaint allegin.....

Tags : Rajasthan High Court, Illicit Sexual Relationship, Departmental proceedings


Multiple Proceedings on Same Issue Not Permissible Under RERA 2016: Maharashtra RERA(29.12.2018)

Maharashtra Real Estate Regulatory Authority has held that multiple proceedings on the same issue cannot be allowed under the Real Estate (Regulation .....

Tags : Maharashtra Real Estate Regulatory Authority, Multiple Proceedings


Insolvency Proceedings can be Withdrawn After Invitation Of Resolution Plans Under Regulation 36A: SC(30.01.2019)

Supreme Court has permitted withdrawal of Corporate Insolvency Resolution Process(CIRP) even after Resolution Professional issued invitation for expre.....

Tags : Supreme Court, Insolvency Proceedings, Invitation Of Resolution Plans


Exoneration in Departmental Proceedings Won't Lead to Dropping of Criminal Charges: Patna HC(04.02.2019)

Patna High Court has reiterated that exoneration in departmental proceedings ipso facto would not result into quashing of criminal prosecution against.....

Tags : Madras High Court, Departmental Proceedings, Dropping of Criminal Charges


Insolvency Proceedings can be Closed on Basis of Settlement Prior to Formation of CoC: NCLAT(15.02.2019)

National Company Law Appellate Tribunal has asked the Kolkata Bench of National Company Law Tribunal to close an insolvency proceeding by accepting th.....

Tags : NCLAT, Insolvency Proceedings


Accused in Summary Court Martial Proceedings can Engage Legal Advisor: SC(18.12.2018)

Supreme Court has observed that an accused in a Summary Court Martial is entitled to have the benefit of legal representation.

Tags : Supreme Court, Summary Court Martial Proceedings


Fraud Vitiates Proceedings and Such Plea can be Set Up Even in Collateral Proceedings: SC(03.10.2018)

Supreme Court has observed that fraud vitiates the solemn proceedings and such plea can be set up even in collateral proceedings immaterial of the lab.....

Tags : Supreme Court, Collateral Proceedings


Delhi HC Directs Contempt Proceedings Against Police Officer for Filing Misleading Status Reports(08.10.2018)

Delhi High Court has directed initiation of contempt proceedings against a senior police officer for filing misleading and incorrect information in a .....

Tags : Delhi High Court, Contempt Proceedings


Supreme Court Favours Live-streaming of Court Proceedings(09.07.2018)

Supreme Court has favoured live-streaming of court proceedings.

Tags : Supreme Court, Court Proceedings


No Need for Shareholder Nod for Insolvency Resolution Plan: Govt(26.10.2017)

Government has said insolvency resolution plans, such as sale and transfer of assets, do not require approval from shareholders or the company as the .....

Tags : Insolvency Proceedings


Gujarat HC Denies Relief to Essar Steel Against RBI’s Order to Initiate Insolvency Proceedings(18.07.2017)

Gujarat High Court has dismissed Essar Steel’s Petition against Reserve Bank of India’s directive to Banks for initiating insolvency proceedings again.....

Tags : Gujarat High Court, Insolvency Proceedings


NCLT: Promoters Cannot Escape Liquidation of Personal Assets(19.07.2017)

National Company Law Tribunal has held that personal properties of Promoters given as security to Banks can be proceeded against, in spite of initiati.....

Tags : National Company Law Tribunal, insolvency proceedings


Delhi HC: Search, Re-Assessment Proceedings in Name of a Non-Existent Entity is Invalid(04.08.2017)

Delhi High Court has held that search warrant and notice for re-assessment proceedings issued u/s 148 of Income Tax Act, 1961 is invalid if the same w.....

Tags : Delhi High Court, Search, Re-Assessment Proceedings


Insolvency Proceedings: New form Allows Homebuyers to Seek Claims From Firms(21.08.2017)

Government has introduced a new form under insolvency law to enable a person who has to receive a payment from an insolvent company to seek the claim......

Tags : Insolvency Proceedings


Supreme Court: Speedy Recovery Proceedings Is the Need of the Day(19.04.2017)

SC, while upholding Rule 5 of MP Micro & Small Enterprises Facilitation Council Rules, 2006, which provides for recovery of amount for which award is .....

Tags : Supreme Court, Speedy Recovery Proceedings


Supreme Court: Confiscation Proceedings Independent of Main Criminal Case(15.05.2017)

Supreme Court has clarified that confiscatory proceedings are independent of main criminal proceedings, and it is meant to provide a deterrent mechani.....

Tags : Supreme Court, Confiscation Proceedings


Madras High Court Quashes Disciplinary Proceedings Against IPS Officer(13.01.2017)

Madras High Court has quashed disciplinary proceedings and charge memo against senior IPS officer and additional DGP Pramodkumar who was under suspens.....

Tags : Madras High Court, disciplinary proceedings


Delhi HC: Quashing Disciplinary Proceedings On Procedures Does Not Exonerate Employee(06.02.2017)

Delhi High Court has ruled that if disciplinary proceedings against an employee are set aside on account of violation of procedure and not on merits, .....

Tags : Delhi High Court, Disciplinary Proceedings


Supreme Court: Can BCI’s Disciplinary Panel Members Analyse Documents In Unfamiliar Language?(23.03.2017)

Supreme Court, while setting aside a disciplinary proceedings against a lawyer, has asked ‘how Disciplinary Committee consisting of members, who were .....

Tags : Supreme Court, disciplinary proceedings, Bar Council of India


Supreme Court Accepts Justice Katju's Apology, Disposes Contempt Case(06.01.2017)

Supreme Court has accepted Justice Markandey Katju’s apology for contemptuous remarks in his blog, and has closed contempt proceedings against him.

Tags : Supreme Court, Markandey Katju, contempt proceedings


Delhi HC Adjourns Sine Dine Pleas Challenging Demonetisation Notification(22.12.2016)

Delhi High Court has adjourned indefinitely hearing on pleas challenging Government’s demonetisation move after it was informed that Supreme Court has.....

Tags : Delhi HC, Demonetisation, Supreme Court, proceedings


Karnataka HC Stays Criminal Proceedings against Public Service Commission’s Member(25.10.2016)

Karnataka High Court has stayed criminal proceedings initiated against Mangala Sridhar, who was suspended as member of Karnataka Public Service Commis.....

Tags : Karnataka HC , criminal proceedings, Public Service Commission


Kerala HC: Law Degree Not Compulsory for Reporting Case Proceedings(28.11.2016)

Kerala High Court has said there had not been any stipulation that law graduates alone could cover Court proceedings.

Tags : Kerala HC, Degree, Reporting, Case Proceedings


SC Sets Aside Contempt Proceedings Initiated by Allahabad High Court against Outlook Journalists(08.07.2016)

Supreme Court has set aside the Allahabad High Court's suo motu contempt proceedings against Outlook journalists who had covered the Ghaziabad Provide.....

Tags : Supreme Court, suo motu contempt proceedings, Allahabad High Court


International Cases

Court may terminate an order made by Tribunal only if it considers that order was wrong(08.09.2016)

Claimant is a trainee doctor who, at a hearing held in private before Interim Orders Tribunal ("IOT") of Medical Practitioners' Tribunal Service ("MPT.....

Tags : Criminal Proceedings, Interim suspension, Public confidence


Top Story

Supreme Court allows Live streaming of Court proceedings(26.09.2018)

In a landmark verdict, Supreme Court declared case proceedings of “constitutional importance having an impact on the public at large would be live str.....

Tags : Proceedings, Live-streaming, Public interest