Search Results for Tag : section 48
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HC Should Examine Whether Complaint is Civil Dispute Cloaked with Criminal Nature: SC(18.02.2019)
Supreme Court has reiterated that a high court, while exercising jurisdiction under 482 of the Code of Criminal Procedure, can examine whether a matte.....
Tags : Supreme Court, Section 482 CrPC
HC Should Examine Whether Complaint is Civil Dispute Cloaked with Criminal Nature: SC(18.02.2019)
Supreme Court has reiterated that a High Court, while exercising jurisdiction under 482 of the Code of Criminal Procedure, can examine whether a matte.....
Tags : Supreme Court, Section 482 CrPC
SC: Criminal Antecedents Can’t be Sole Consideration to Decline Relief U/S 482 CrPC(11.08.2023)
Supreme Court has observed that the Court should not decline to relief under Section 482 CrPC on the ground that the accused is a history sheeter, if .....
Tags : Supreme Court, Criminal Antecedents, Section 482 CrPC
SC: HC Can Exercise Power U/S 482 CrPC Even When Chargesheet filed During Pendency of Plea(01.09.2023)
Supreme Court has observed that it is a well settled law that the High Court would continue to have the power to entertain and act upon a petition fil.....
Tags : Supreme Court, Chargesheet, Section 482 CrPC
SC: Power u/s 482 CrPC can be Exercised in Cheque Bounce Case if Amount Is Patently Non-Recoverable(08.09.2023)
Supreme Court has held that only in cases wherein an amount which is non-recoverable, towards which a cheque is issued, dishonoured and for recovery o.....
Tags : Supreme Court, Cheque Bounce, Section 482 CrPC
SC: Application Under Section 482 CrPC Cannot be Filed by Person Not connected to Trial(17.12.2020)
Supreme Court has observed that an application under Section 482 of the Code of Criminal Procedure, 1973 filed by a person who is in no way connected .....
Tags : Supreme Court, Application Under Section 482 CrPC
SC: Power u/s 482 CrPC Cannot be Exercised Where Allegations Required to be Proved in Court of Law(03.02.2020)
Supreme Court has held that power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised where the allegations are required to .....
Tags : Supreme Court, Power under Section 482, Criminal Procedure Code, 1973
SC: Second Petition u/s 482 CrPC Not Maintainable on Grounds Which were Available at First Instance(31.10.2023)
Supreme Court has held that it is not open to a person aggrieved to raise one plea after the other, by invoking the jurisdiction of the High Court und.....
Tags : Supreme Court, Section 482 CrPC, Maintainable
Gau. HC: Conviction Under Section 489B of Indian Penal Code Set Aside For Lack of Mens Rea(29.02.2024)
Gauhati High Court has set aside the conviction of a man under Section 489B of the Indian Penal Code, 1860 on the ground that no mens rea on the part .....
Tags : Gauhati High Court, Section 489B of IPC, Counterfeited Notes
Allahabad HC: S. 482 CrPC Plea Maintainable To Annul Proceedings Which Are Ex Facie Bad(11.01.2022)
Allahabad High Court stated that an application under Section 482 of Criminal Procedure Code (CrPC) is maintainable to quash the proceedings, which ar.....
Tags : Allahabad High Court, Section 482 Crpc, Sanction to Prosecute
Karnataka High Court: Can't Appreciate Evidence While Hearing Quashing Petition(11.01.2022)
Karnataka High Court recapitulates that a Court hearing a petition for quashing of FIR/ charge sheet under Section 482 of Criminal Procedure Code (CrP.....
Tags : Karnataka High Court, Section 482 CrPC
J&K&L HC: S.482 CrPC Can’t be Invoked to Check Correctness of Allegations(27.12.2022)
Jammu and Kashmir and Ladakh High Court while observing that powers of the court under Section 482 Cr.P.C are to be exercised with great amount of cau.....
Tags : Jammu and Kashmir and Ladakh High Court, Section 482, Allegations, Caution
Madras HC Reserves Orders on Section 482, CrPC(13.09.2016)
Madras HC has reserved orders on issue of whether Section 482 of CrPc empowers it to direct police to register cases on complaints by petitioners and .....
Tags : Madras HC, Section 482, CrPC
Petitions U/S 482 CrPC to be Filed Only After Completion of 15 Days: Madras High Court(12.10.2018)
Madras High Court has issue directives that petitions under Section 482 CrPC challenging refusal by SHO to record information to be filed only after c.....
Tags : Madras High Court, CrPC, Section 482
Supreme Court: Mere Amalgamation Would Not invalidate Income Tax Proceedings(07.04.2022)
Supreme Court has held that whether corporate death of amalgamating entity upon amalgamation invalidates an order of assessment issued under the Incom.....
Tags : Supreme Court, amalgamation, Income Tax Act, 1961, Section 481 of the Companies Act, 1956
ITAT, Mumbai: Architect Fee Paid in Connection with Transfer of Development Rights Allowable(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the architect fee paid by the assessee regarding the transfer of development rights are allowa.....
Tags : Income Tax Appellate Tribunal, architect fee, assesse, section 48 of the Income Tax Act, 1961, capital gain
ITAT, Mumbai: Architect Fee Paid in Connection with Transfer of Development Rights Allowable(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the architect fee paid by the assessee regarding the transfer of development rights are allowa.....
Tags : Income Tax Appellate Tribunal, architect fee, assesse, section 48 of the Income Tax Act, 1961, capital gain
P&H HC: Section 482 CrPC Empowers High Court to Entertain Applications not Contemplated in CrPC(27.05.2022)
Punjab and Haryana High Court has observed that Section 482 of CrPC confers extraordinary powers on High Court and empowers it to entertain applicatio.....
Tags : Punjab and Haryana High Court, CrPC, Section 482
Allahabad HC: Application U/S 482 CrPC Not Maintainable Against Summoning Order under SC/ST Act(30.05.2022)
Allahabad High Court while taking into account Section 14A(1) of the S.C./S.T. Act has held that Application under Section 482 of CrPC can't be filed .....
Tags : Allahabad High Court, Section 482 CrPC, SC/ST Act
Supreme Court: Second Petition Under Section 482 CrPC Valid Under Changed Facts and Circumstances(31.07.2019)
Supreme Court has ruled that second application for quashing of the complaint under Section 482 of Code of Criminal Procedure, 1973 cannot be rejected.....
Tags : Supreme Court, Section 482CrPC
Karnataka HC: Second Petition U/S 482 CrPC Maintainable Only in Cases of Changed Circumstances(02.06.2022)
Karnataka High Court has held that second petition under Section 482 of the Criminal Procedure Code, for quashing the criminal proceedings will be mai.....
Tags : Karnataka High Court, Section 482 CrPC
AP HC: Criminal Proceedings Can't be Quashed if Specific Accusations Made Against Accused U/S 482(28.04.2022)
Andhra Pradesh High Court has reiterated that when there are definite accusations in the First Information Report, charge sheet and witness statement .....
Tags : Andhra Pradesh High Court, First Information Report, Code of Criminal Procedure, 1973, Section 482
Telangana HC: Person Whose Land Title Disputed Can't Seek Withdrawal of Land Acquisition(20.04.2022)
Telangana High Court has ruled that a person, whose title is in dispute, cannot invoke the provisions of Section 48 of the Land Acquisition Act, 1894 .....
Tags : Telangana High Court, Section 48 of the Land Acquisition Act, 1894, land acquisition proceedings
SC: HC Can’t Conduct Mini Trial Under Section 482 of CrPC(12.04.2023)
Supreme Court while observing that at the stage of quashing of criminal proceedings under Section 482 CrPC, Court is not required to conduct a mini tr.....
Tags : Supreme Court, Mini Trial, Quashing Proceedings, Section 482 CrPC
ITAT, Ahmedabad: Undisclosed Sale Consideration of Property Can Only Assessable as Capital Gain(02.05.2022)
Income Tax Appellate Tribunal, Ahmedabad has ruled that the undisclosed sale consideration of the property can be subjected to tax as capital gain und.....
Tags : Income Tax Appellate Tribunal, capital gain, section 48, Income Tax Act, 1961, Undisclosed sale consideration