#Chargesheets
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seemabhatnagar · 2 years ago
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Freezing of bank account for unconnected entities is legally untenable.
M/s Jermyn Capital LLC Dubai v. Central Bureau of Investigation
Fact:
M/s Jermyn Capital LLC Dubai (#Appellant Company) was Permitted by Securities Exchange Board of India (#SEBI) to buy & sell share & securities in the #Indian Stock Market.
The appellant company had its shares in its account with #ICICI Bank.
However, due to certain litigation the appellant company quit the trading in the Indian Market in 2006.
But appellant company was subjected to 02 #freeze orders under section 102 #Cr PC. (This section empowers police officers to seize any property which gives suspicion for commission of any offence.)
The freeze order for an amount of Rs.42.51 crore was initiated because of the #pending #investigation against Dharmesh Doshi
Against the freeze order the appellant company approached the Apex Court & the #ApexCourt allowed the appellant Company to sell its shares & convert into cash and repatriate the funds with interest but without bank guarantee.
Rs. 42.51 Crore was repatriated.
Issue arose when appellant company was incapacitated by second freeze order for an amount of Rs. 38.52 crores to repatriate.
Aggrieved by the freeze the appellant company again approached the Apex Court.
 The Apex Court gave liberty to the appellant company to approach trial court for release of the said amount.
 The trial court allowed the repatriation of Rs.38.52 Crores subject to the #Bank Guarantee of an equivalent amount.
Aggrieved by the imposition of Bank Guarantee Clause the appellant Company approached High Court.
High Court confirmed the decision of Trial Court.
Against the order of the High Court present Criminal Appeal is filed before Apex Court.
Observation of the Apex Court:
 Imposition of Bank Guarantee clause as due to pending investigation against Dharmesh Doshi, alleged to have been connected with the appellant company.
Record shows that Dharmesh Doshi has been discharged by the trial court, was never an employee/shareholder/director or holding key managerial position in the appellant company.
Dharmesh Doshi & Appellant Company are 02 separate entities.
Freezing order as such not legally tenable when two entities are unconnected.
Neither in the FIR nor in the chargesheet filed against the Dharmesh Doshi, appellant company was named.
Further during hearing CBI informed the Apex Court that no criminal proceedings is pending against the appellant company pertaining the dispute discussed here.
The freeze order against the appellant company’s properties is redundant as the appellant company is not necessary for the conclusion of the investigation.
The purpose of the freeze order, and the bank guarantee in extension of the freeze order, can only be in operation to aid in the investigation against the alleged crime.
Since the investigation against the appellant company has become redundant as such freeze order has also become redundant.
 The operation of the freeze order has been active for a period of 17 years and has caused huge losses to the appellant company.
Decision:
The Division Bench of Hon’ble Mr. Justice Krishna Murari J & Hon’ble Sanjay Kumar J vide their order dt.09.05.2023 set aside the order of the High Court and permitted the appellant company to withdraw the said amount with 4% simple interest from May08, 2006.
Seema Bhatnagar
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rightnewshindi · 22 days ago
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क्रिप्टो करेंसी फ्रॉड मामले में 73 आरोपियों के खिलाफ चार्जशीट दायर, अब तक 35 करोड़ की संपत्ति जब्त
Crypto Currency Fraud Himachal: हिमाचल पुलिस की एसआईटी ने क्रिप्टो करंसी ठगी मामले में अब तक 73 आरोपियों के चार्जशीट दायर की है। एसआईटी ने अब तक क्रिप्टो रैकेट के आरोपियों की 35 करोड़ की संपत्ति भी फ्रीज की है। करोड़ों की ठगी मामले की जांच एसआईटी ने अब एसपी कांगड़ा को सौंप दी है। इससे पहले आईजी उत्तरी रेंज अभिषेक दुल्लर की अध्यक्षता में गठित की गई एसआईटी मामले की जांच कर रही थी। अब इस मामले की…
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todayworldnews2k21 · 1 month ago
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RG Kar hospital rape-murder: CBI rules out gangrape, says Sanjay Roy sole accused in its chargesheet | Kolkata News - Times of India
NEW DELHI: The Central Bureau of Investigation (CBI) has filed its first chargesheet in the RG Kar Hospital case, accusing Sanjay Roy of the rape and murder of a postgraduate trainee doctor. The chargesheet, presented in a Sialdah court in West Bengal, identifies Sanjay Roy as the sole accused, ruling out the possibility of gang rape.The CBI has interrogated nearly 100 witnesses and conducted 12…
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infocrazebyrepwoop · 4 months ago
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ACC Approves Chargesheet Against Bengal Group Chairman for Illegal Wealth
The Anti-Corruption Commission (ACC) approved a chargesheet on Thursday against Bengal Group Chairman Abul Khair Litu, accusing him of amassing wealth worth Tk90 crore beyond his known sources of income. ACC Deputy Director Aktarul Islam confirmed this to Dhaka Tribune. The chargesheet alleges that Abul Khair Litu illegally accumulated wealth and concealed information about it. The ACC Deputy…
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playermagic23 · 9 months ago
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CBI files chargesheet against YouTuber over allegedly forged letters in Sridevi death case
The Central Bureau of Investigation has taken legal action against a self-styled investigator, Deepti R Pinniti, accusing her of presenting "forged" letters from high di.
The Central Bureau of Investigation (CBI) has taken decisive action in the Sridevi death case. The agency has filed a charge sheet against a self-proclaimed investigator who purportedly presented "forged" letters from prominent dignitaries, including Prime Minister Narendra Modi and Defence Minister Rajnath Singh, to support her claims. Officials disclosed this development on Sunday, shedding light on the agency's ongoing efforts to address the matter.
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Last year, the CBI initiated a case against Deepti R Pinniti, hailing from Bhubaneswar, and her lawyer Bharath Suresh Kamath, following a complaint lodged by Mumbai-based lawyer Chandni Shah. The complaint, forwarded to the agency by the Prime Minister's Office, alleged that Pinniti had disseminated fabricated documents, including letters attributed to the Prime Minister and the Defence Minister, as well as materials purportedly sourced from the Supreme Court and the UAE government.
Pinniti, known for her active engagement in social media dialogues surrounding the deaths of Bollywood icons like Sridevi and Sushant Singh Rajput, made startling assertions regarding Sridevi's demise, including insinuations of government involvement. In one interview, she suggested a "cover-up between the two governments," drawing attention to her self-proclaimed "investigations."
Responding to inquiries from PTI, Pinniti expressed incredulity at the CBI's actions, remarking, "It's kind of hard to believe that the CBI has filed a charge sheet against me without recording my statement." She further contested the validity of the evidence, indicating a potential conflict of interest due to the CBI's affiliations. "When the letters in question are incriminating against the very authorities under whom the CBI comes, CBI becomes a party of conflict to be the entity to collect evidence," she asserted.
The CBI had previously conducted searches at Pinniti's residence in Bhubaneswar on December 2, seizing digital devices such as phones and laptops. Subsequent investigations revealed that the documents presented by Pinniti during her YouTube discussions, specifically those concerning the Prime Minister and the Defence Minister, were allegedly forged. Consequently, the agency has pressed charges against both Pinniti and Kamath under relevant sections of the Indian Penal Code, including 120-B (criminal conspiracy), 465, 469, and 471.
In her complaint, Mumbai-based lawyer Shah had accused Pinniti of tarnishing the reputation of the government by baselessly implicating it in Sridevi's death.
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leadindia011 · 1 year ago
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Can Police Remove Name From Chargesheet?
No, the police cannot remove the name of a person from a charge sheet once it has been filed before a court of law. It can only be modified or withdrawn by the court upon a valid legal request or order.
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famouslook1987 · 2 years ago
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कंझावला केस में दिल्ली पुलिस 1 अप्रैल को दाखिल कर सकती है चार्जशीट, जानें- अब तक का पूरा मामला
Anjali Singh Case: दिल्ली (Delhi) के कंझावला हिट एंड ड्रैग मामले (Kanjhawala Hit And Drag Case) में पुलिस अपना पहला चार्जशीट दाखिल करने के लिए तैयार है. इस केस में 20 साल की युवती अंजलि सिंह की 1 जनवरी को तड़के 12 किमी तक कार से घसीटे जाने के बाद दर्दनाक मौत हो गई थी. चार्जशीट 1 अप्रैल को मेट्रोपोलिटन मजिस्ट्रेट कोर्ट में दाखिल किए जाने की संभावना है. मामले की जानकारी रखने वाले एक सूत्र ने कहा कि…
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mishrasatty7 · 2 years ago
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#protestpetition #challan #sippysidhu #chargesheet #maintainability #news #topcriminallawyers #legalseva https://www.instagram.com/p/CoUqjCwvrid/?igshid=NGJjMDIxMWI=
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publictaknews · 2 years ago
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NIA chargesheet on ISIS 'fundraiser': Accused was a Delhi student, money was sent through cryptocurrency channels Latest News Delhi
The National Investigation Agency (NIA) has filed a charge sheet against Mohammad Mohsin Ahmed, a second-year electrical engineering student at Jamia Millia Islamia University, for allegedly raising funds for the banned global terrorist organization Islamic State (ISIS). Vikas said. Ahmed, 22, a resident of Patna, was arrested by an NIA team in August 2022 from Delhi’s Batla House area after…
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kupwaratimes-fan · 2 years ago
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Enroachment Case: CBK Files Chargesheet Against 6 Persons for Forging Revenue Documents
Enroachment Case: CBK Files Chargesheet Against 6 Persons for Forging Revenue Documents
Enroachment Case: CBK Files Chargesheet Against 6 Persons for Forging Revenue Documents Srinagar, December 15: Crime Branch Kashmir on Thursday said that it’s Economic Offence Wing filed chargehseet against 6 persons in connection with producing fake revenue Documents. In a handout to GNS, the CBK said that its Economic Offence Wing Produced a Charge-Sheet in Case FIR No. 04/2015 U/S 420, 467,…
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seemabhatnagar · 1 year ago
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Hijaab Row
India is known in the world as a Secular Country but see day by day the Secular fabric is tearing off. You belong to a particular faith so you are free to profess your religion, practices and faith but you can't compel people belonging to other faith to profess your religious practices. This is what done in the present case which recently came before Hon'ble Jabalpur High Court where in the Ganga Jamuna Higher Secondary School Urdu is being taught as compulsory subject and students are compelled to recite prayers belonging to muslim faith in school.
On the other hand students belonging to Hindu or Jain Sect are restrained to wear Kalawa or to put Tilak on their forehead but are forced to wear Hijaab and salwar kurti.
Background
This is a case of #HijabRow where  #Non-Muslim students studying in Ganga Jamuna Higher Secondary School, Futera Ward, Damoh, Jabalpur Madhya Pradesh were #forced to wear salwar kurti, head scarf (#Hijaab) and dupatta (#scarf) right from Nursery to Class XII and forcefully #restrained from putting #tilak on the forehead or# tying sacred thread (#kalawa) on their wrist and if #someone #wears the sacred thread (kalawa) or put tilak, she is being #forcibly #prevented, by the teachers.
Fact
A #complaint in this regard was received. Matter was inquired & Investigation was conducted & head Scarves were seized. Statement of the girl students were recorded and #FIR was #KotwaliDamoh of Damoh District for the offences punishable under Sections 295A, 506 and 120B of the IPC, Section 75 and 87 of Juvenile Justice Act (Care and Protection of Children) Act, 2015 and Section 3/5(1) of the Madhya Pradesh Freedom of Religion Act, 2021.
FIR was registered against the #Principal Asfa Sheikh, #teacher Anas Athar and Peon Rustom Ali and management of the school for commission of the aforesaid offences. They were #arrested and are in detention since 11.06.2023.
Submission of the Counsel of the Applicant
1.     It was contended by the Counsel of the detenues that they are innocent and are falsely implicated.
2.     The counsel also submitted a copy of the resolution accordingly it is the #SchoolManagement and #Director of the #School Mohd, Idris who had #prescribed #dresscode for all girl students and made it compulsory to wear scarf.
3.     The detenues were #acting as per the #instructions of the #SchoolManagement. The counsel prayed for the release as in the matter after investigation, charge sheet was submitted.
Submission of the Counsel of the State
1.     The counsel of the #State #opposed the #bail application as the statements of the girl students demonstrated that they were compelled to wear head scarf (Hijaab).
2.     whereas minority institutions cannot compel the students belonging to other religion to wear head scarf (Hijaab)
3.     and it also cannot prevent students of other religion from wearing sacred thread (kalawa) and putting tilak on the forehead.
4.     It also cannot compel them to read Urdu language necessarily and to recite the prayers belonging to Islam faith.
Observation of the Court
1.     Charge sheet has been filed against the applicants who are principal, teachers and peon.
2.     The main allegations are against management of the school.
3.     Trial of the case will take considerable time.
4.     Therefore, without expressing any opinion on the merits of the case, but having taken into consideration all the facts and circumstances of the case, I am of the view that it is a case in which applicants may be released on bail.
Order
Bail application is allowed subject to the conditions:
1.     Applicants shall not repeat commission of offence.
2.     They shall not prevent students of other religion from wearing the essentials of their own religion.
3.     They shall not compel the students of other religion to read/study any material or language which has not been prescribed or approved by the Madhya Pradesh Education Board.
4.     They shall not provide any religious education or material belonging to Islam faith to the students of other religion and shall impart only modern education as contained in Section 53(1)(iii) of the Juvenile Justice (Care and Protection of Children) Act, 2015.
5.     Girl students of other religion i.e. Hindu and Jain etc. shall not be compelled to wear head scarf anywhere in the school premises or in the class rooms.
6.     Further applicants - Asfa Sheikh, Anas Athar and Rustom Ali be released on bail on their furnishing a personal bond incorporating the aforesaid conditions, in the sum of Rs.50,000/- each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall appear before the concerned Court on all the dates fixed by it during trial.
7.     The order is effective till the end of the trial and in case of breach of any of the conditions the order shall become ineffective.
Seema Bhatnagar
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rightnewshindi · 29 days ago
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20 अरब रुपए के क्रिप्टो करेंसी घोटाले में आरोपी मिलन गर्ग के खिलाफ अतिरिक्त चार्जशीट दायर, अब तक 89 गिरफ्तार
20 अरब रुपए के क्रिप्टो करेंसी घोटाले में आरोपी मिलन गर्ग के खिलाफ अतिरिक्त चार्जशीट दायर, अब तक 89 गिरफ्तार #Crypto #Currency #Scam #Himachal
Himachal News: दो हजार करोड़ रुपये क�� क्रिप्टोकरेंसी ठगी मामले में अब पुलिस एसआईटी ने आरोपी गर्ग के खिलाफ अतिरिक्त चार्जशीट दायर कर कोर्ट में पेश कर दी है। इस घोटाले में अभी तक 20 मामले दर्ज हुए हैं। पुलिस ने इस मामले में अभी तक 89 आरोपियों की गिरफ्तारी की है। दो हजार करोड़ रुपये के क्रिप्टोकरेंसी ठगी मामले के मुख्य आरोपी सुभाष का ऑनलाइन कामकाज बीते दिनों कोलकाता से गिरफ्तार मिलन गर्ग संभालता…
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bollywoodirect · 1 year ago
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"Main Zindagi Ka Saath Nibhaata Chala Gaya
Har Fikar Ko Dhuyein Mein Udata Chala Gaya"
Remembering Bollywood's evergreen star, the inimitable Dev Anand, on his 100th birth anniversary (26/09/1923).
Dev Anand, born as Dharamdev Pishorimal Anand on 26 September 1923, was a celebrated figure in the Indian film industry. His extensive contributions as an actor, writer, director, and producer in Hindi cinema marked him as one of the most successful and respected actors in Indian film history. Over a career spanning six decades, Anand worked in over 100 films, earning numerous awards including four Filmfare Awards and the prestigious Padma Bhushan and Dadasaheb Phalke Award from the Government of India.
Anand's film journey began in 1946 with a lead role in "Hum Ek Hain," a film promoting Hindu-Muslim unity. His first hit, "Ziddi," came in 1948, followed by the superhit "Baazi" in 1951, which pioneered the influx of "Bombay Noir" films in the 1950s. His later years were marked by numerous successful films, earning him a romantic image and solidifying his place in the industry.
The 1965 film "Guide" was a significant milestone in Anand's career. Based on R. K. Narayan's novel, it was a huge success and was nominated for Best Foreign Language Film at the 38th Academy Awards. Anand continued to star in various box office hits throughout the 70s and 80s, with "Chargesheet" in 2011 being his final film.
Anand's distinctive acting style, characterized by his fast dialogue delivery and unique nodding, became his trademark. His films often explored cultural and socially relevant topics, reflecting his worldview. Married to actress Kalpana Kartik, Anand had two children, including Suneil Anand.
Anand's charm, diverse roles, and good looks made him one of the highest-paid actors from the 1950s to the early 1970s. In 2022, he was honored in Outlook India's "75 Best Bollywood Actors" list. Known as the "first fashion icon" of Bollywood, Anand's fashion statements and style were emulated by many.
Anand's autobiography, "Romancing with Life," was released in September 2007, and his 1961 film "Hum Dono" was digitized, colorized, and re-released in February 2011. His enduring appeal and unmatched style led to numerous accolades and recognition, with many noting his flamboyant, debonair, and romantic screen presence. Despite comparisons to Hollywood actor Gregory Peck, Anand maintained his unique identity, stating, "I am Dev Anand."
Anand's meetings with Peck, initiated at Bombay's Willingdon Club in 1954, were marked by mutual respect and admiration. Despite their interactions, Anand remained a distinct and beloved figure in Indian cinema, celebrated for his timeless contributions and enduring legacy.
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megayogiposts · 1 year ago
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beerbhadrasingh · 2 years ago
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hindustanmorning · 26 days ago
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CBI filing chargesheet in RG Kar corruption case, while ED questioning Sandeep Ghosh's statement
CBI will submit chargesheet for corruption case at RG Kar Medical College and Hospital in Kolkata. In this instance, CBI has detained ex-principal Sandeep Ghosh and Ashish Pandey. In this instance, ED took doctor Sandeep Ghosh’s statement in Kolkata prison. ED went to prison and took Sandeep Ghosh’s statement four times. The ED has taken Dr. Sandeep Ghosh’s statement in jail on 8, 9, 14, and 15…
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