Author: Varsha Chandrasekaran
-
Whether a Protest Petition filed U/s 200 Cr. P. C. after taking cognizance can be continued as a state case or it must be treated as a Private Complaint?
A division bench of Apex Court in the case of Mukhtar Zaidi and Anr vs The State of UP and Anr 2024 INSC 316 held that if a Protest Petition fulfills the requirements of a complaint, then the Magistrate can deal with it as required U/S 200 R/W 202 Cr. P. C. Brief Background of…
-
Whether a Police officer can file a complaint under the Drugs and Cosmetic Act. SC held it as legally invalid.
Rakesh Kumar Vs The state of Bihar and Anr 2024 Livelaw SC 264 Cognizance was taken by the Learned Judicial Magistrate Jamui for offences under the Drugs and Cosmetics Act, 1940 and the Essential Commodities Act, 1955 against the Appellant. The Appellant approached the High court U/s 482 Cr. P. C. but the High Court…
-
Every breach of contract would not give rise to an offence of cheating: Supreme Court quashes FIR stating no criminal elements are involved
Naresh Kumar and Anr versus The State of Karnataka and Anr 2024 INSC 196, 2024 Livelaw (SC) 228 The two Appellant before this Court are Assistant Managers (Marketing) and the Managing Director of a company. They have come for an appeal challenging the order of the Hon’ble Karnataka High Court on dismissing the Quash of…
-
Supreme Court Once Again Reiterates the Principle of Beneficial Construction for An Offence Under the Prevention of Food and Adulteration Act 1954
M/S A.K. SARKAR & CO AND ANOTHER VS STATE OF WB AND OTHERS 2024 INSC 186, 2024 Live Law (SC) 212 Two Partners along with the Appellant Firm were convicted by the Trial Court under Section 16 (1) (a) (i) R/w Section 7 of the Prevention of Food and Adulteration Act 1954, among which the…