Search Results for Tag : Compound
Judgments
Notwithstanding fact that offence is non-compoundable, FIR can be quashed, if Court otherwise satisfied that, facts and circumstances of case so warrant(29.08.2016)
Present petition under Section 482 CrPC for quashing of FIR, under Section 324/325/34 IPC registered at Police Station on basis of compromise deed exe.....
Tags : FIR, Quashing, Non-compoundable
SEBI's consent cannot be mandatory before SAT or the Court before which the proceeding is pending, for compounding of offence under Section 24A of SEBI Act(23.07.2021)
The Appellant is being prosecuted for an offence under Section 24(1) of the Securities and Exchange Board of India Act, 1992 ("SEBI Act"). The Appella.....
Tags : Offence, Compounding, Denial
Top Story
CBDT issues revised guidelines for compounding of offences under the Income-tax Act, 1961(16.09.2022)
In conformity with the Government's policy of facilitating Ease of Doing Business and decriminalisation of offences, Central Board of Direct Taxes (CB.....
Tags : Compounding, Offences, Guidelines, Revision
Tribunal has jurisdiction to compound the offence where alternative punishment of fine is prescribed in place of imprisonment and where no case is pending before the Special Court(29.08.2017)
Present appeal is filed against impugned order passed by the National Company Law Tribunal. The Appellants failed to file its Annual Return for the fi.....
Tags : Offence, Compounding of, Jurisdiction
Court has discretion to close the proceedings on being satisfied that, complainant has been duly compensated even in absence of consent for compounding of offence(05.10.2017)
Present appeals have been preferred against the order of the High Court rejecting the prayer of the Appellants for compounding the offence under Secti.....
Tags : Offence, Compounding of, Grant
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
Notifications & Circulars
Relaxation of time-Compounding of Offences under Direct Tax Laws-One-time measure(09.09.2019)
The Central Board of Direct Taxes (CBDT) has been issuing guidelines from time to time for compounding of offences under the Direct Tax Laws, prescrib.....
Tags : Compounding, Offences, Time, Relaxation
Simplification for procedure for compounding of offenses under Customs Act, 1962(23.08.2022)
1. Reference is invited to Circular No. 54/2005-Customs dated 30.12.2005 on guidelines for compounding of offenses under Customs Act read with para 12.....
Tags : Simplification, Procedure, Compounding, Offenses
RBI to make FEMA compounding orders public(26.05.2016)
The Reserve Bank of India will provide information on compounding orders passed after 1 June 2016.
The step, seen as a further shaming tac.....
Tags : fema, compounding, rbi, order
News
SC Directs Centre to Speed Up Implementation of Waiver of Compound Interest on Loan Instalments(15.10.2020)
Supreme Court has directed the Central government to speed up the implementation of waiver of compound interest on instalments of loans up to Rs 2 cro.....
Tags : Supreme Court, Waiver of Compound Interest on Loan Instalments
SC: Non Compoundable Criminal Cases of Predominantly Private Nature Can Be Quashed U/s 482 CrPC(30.09.2021)
Supreme Court has observed that a High Court can quash criminal proceedings in exercise of its inherent powers under Section 482 of the Code of Crimin.....
Tags : Supreme Court, 'Non Compoundable' Criminal Cases of Predominantly Private Nature
HP HC: S.320 CrPC Not Bar to Power for Quashing Non-Compoundable Offences In Appropriate Cases(08.08.2022)
Himachal Pradesh High Court has held that if for the purpose of securing the ends of justice quashing of FIR is necessary, then Section 320 of Code of.....
Tags : Himachal Pradesh High Court, Non-Compoundable Offences, Quashing
Cal. HC: Can’t Compound Proceedings u/s 138 NI Act at Revision Stage Without Complainant’s Consent(28.09.2023)
Calcutta High Court has held that the prayer of compromise and compounding the proceeding under Section 138 of Negotiable Instruments Act, at the stag.....
Tags : Calcutta High Court, Negotiable Instruments, Compound
Gujarat HC: To Compound Tax Evasion Offences, Assessee Should Pay Whole Tax Amount Evaded(31.01.2020)
Gujarat High Court has held that 100% of the tax sought to be evaded is to be paid for compounding of a tax evasion offences under Section 276C (1) of.....
Tags : Gujarat High Court, Compounding of Tax Evasion Offence
Ker. HC: Court’s Satisfaction Required for Composition to have effect of Acquittal(27.10.2023)
Kerala High Court has held that even if the offence is compoundable without permission of Court, the composition shall have the effect of acquittal on.....
Tags : Kerala High Court, Compoundable, Acquittal
Bombay HC: Conviction in Non-Compoundable Case Can't Be Set Aside by HC(07.01.2021)
Bombay High Court has held that the High Court while exercising the inherent powers under Section 482 of the Code of Criminal Procedure, 1973 cannot s.....
Tags : Bombay High Court, Conviction in Non-Compoundable Case
Allahabad HC: Victim Has No Right to Drop Case of Non-Compoundable Offence of Heinous Nature(29.09.2022)
Allahabad High Court has held that a victim has no right in law to drop case of non-compoundable offence of heinous nature which badly affects society.....
Tags : Allahabad High Court, Victim, Non-Compoundable, Prosecution
Bombay HC to Centre: Consider Maharashtra's bill to make S. 498A IPC Cases Compoundable(12.10.2022)
Bombay High Court has asked the Union of India to consider Maharashtra's bill to make domestic violence cases under Section 498A IPC compoundable with.....
Tags : Bombay High Court, Domestic Violence, Compoundable
Bom. HC: Trial Court can Compound Offence u/s 138 NI Act at Initial Stage w/o Consent of Complainant(01.12.2023)
Bombay High Court has held that when the application for compounding offences u/s 138 of the NI Act is made at the initial stage of the case and if th.....
Tags : Bombay High Court, Compounding Offences, Negotiable Instruments, Consent
SC: Grant of Leave for Compounding Offences at Appellate Stage is not Automatic on Settlement(12.02.2021)
Supreme Court has observed that grant of leave as contemplated by Section 320(5) of the Code of Criminal Procedure, 1973 is not automatic nor it has t.....
Tags : SC, Compounding Offences
Delhi HC Uphelds Validity of notif. for Compounding Offences Before Prosecution Under FCRA(16.09.2022)
Delhi High Court has upheld the validity of Ministry of Home Affairs' notification dated April 26, 2013 specifying the officers competent for compound.....
Tags : Delhi High Court, FCRA, Compounding Offence
Delhi HC Issues Notice on Plea Seeking On the Spot Compounding of Traffic Challans(05.03.2020)
Delhi High Court has issued notices to Delhi Government, Commissioner of Delhi Police, and Ministry of Road Transport and Highways in a plea seeking o.....
Tags : Delhi High Court, On the Spot Compounding of Traffic Challans
CESTAT, Mumbai: Application for Compounding of Offence Can Not be Rejected on Technical Grounds(20.02.2020)
Custom, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai has held that the purpose of compounding of offence against the payment of compoundin.....
Tags : Customs Excise and Service Tax Appellate Tribunal, Application for Compounding of Offence
CBDT Issues New Norms for Compounding of Offences(17.06.2019)
Central Board of Direct Taxes (CBDT) has issued new norms for compounding of offences under black money law. These will replace the old Guidelines. Th.....
Tags : CBDT, Compounding of offences
SC: Conviction Can’t Convict Accused While Overriding Agreement Between Parties to Compound Offence(03.02.2023)
Supreme Court has held that High Courts cannot override and impose their will on the parties if parties to a litigation proceeding have entered into a.....
Tags : Supreme Court, Compound, Override, Agreement
SC Bars Charging Compound Interest or Penal Interest on Any Borrower During Loan Moratorium(23.03.2021)
Supreme Court has directed that there should be no charging of compound interest, interest on interest or penal interest on the instalments which were.....
Tags : Supreme Court, Compound Interest or Penal Interest on Borrower
HP HC: Offences for Cheque Dishonor Can be Compounded after Conviction(03.03.2023)
Himachal Pradesh High Court has held that Courts under Section 147 of Negotiable Instrument Act are empowered to proceed to compound an offence, even .....
Tags : Himachal Pradesh High Court, Negotiable Instrument, Compound, Conviction
Gujarat HC: Every Offence Under Negotiable Instruments Act Is Compoundable(02.02.2022)
Gujarat High Court has held that when parties have settled the dispute amicably, the compounding of the offence is permitted with regard to an offence.....
Tags : Gujarat High Court, Compoundable Offences
Supreme Court: No Compromise Between Parties in Non-Compoundable Offences(24.07.2019)
Supreme Court has held that no permission can be granted to record the compromise between the parties in non-compoundable offences. The Court noted th.....
Tags : Supreme Court, Non-Compoundable Offences
Delhi HC: FIR for Non-Compoundable Offences Can be Quashed in Matrimonial Disputes(20.04.2022)
Delhi High Court has held that First Information Report or complaints can be quashed even with regard to non-compoundable offences pertaining to matri.....
Tags : Delhi High Court, First Information Report, matrimonial disputes, non-compoundable
MHA Notifies FCRA Violations Now Compoundable Before Prosecution(04.07.2022)
Ministry of Home Affairs (MHA) has notified certain violations under Foreign Contribution (Regulation) Act, 2010 that are now compoundable before pros.....
Tags : Ministry of Home Affairs, FCRA, Compoundable
Sikkim HC: Offences U/S 138 NI Act Can be Compounded at Any Stage(05.05.2023)
Sikkim High Court has held that irrespective of provisions of Section 320(9) of the Criminal Procedure Code, offences under Section 138 of the Negotia.....
Tags : Sikkim High Court, Negotiable Instruments, Compounded
Ker. HC Lays Down Principles for Compounding Sexual offences Upon Compromise With Accused(26.05.2023)
Kerala High Court has laid down broad principles to be considered while hearing pleas to quash criminal proceedings involving non-compoundable sexual .....
Tags : Kerala High Court, Sexual offences, Compounding, Compromise