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Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988....

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines key judgments and arguments from conflicting Apex C...

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Bombay High Court Quashes Detention Order in MPDA Case Due to Lack of Subjective Satisfaction and Unexplained Delay. Preventive detention order set aside as detaining authority failed to establish live-link between alleged activities and public order disturbance....

The petitioner challenged a detention order passed under the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA Act) and its subsequent approval. The petitioner was alleged to be involved ...

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Bombay High Court Grants Bail to Accused in NDPS Case Due to Incomplete Chargesheet and Non-Compliance with Section 36-A(4) of NDPS Act. Court held that filing of chargesheet without FSL Report and without proper extension under Section 36-A(4) renders the chargesheet incomplete, entitling accused to default bail under Section 167(2) CrPC....

The applicants were arrested on 18.5.2023 in connection with Crime No.401/2023 for offences under Sections 8(b), 8(c), 21(c), and 29 of the NDPS Act for possession of 141.6 grams of Mephedrone. They f...

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Bombay High Court Quashes Termination of Contractor's License by Zilla Parishad for Lack of Hearing and Proportionality. Single Incident of Entering Meeting Hall in Self-Defence Not Sufficient Ground for License Cancellation Under Executive Instructions....

The Bombay High Court considered a petition challenging an order dated 26 February 2024 by the Zilla Parishad, Palghar, terminating the petitioner's contractor license (Class 5A) without granting any ...

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High Court Quashes Assistant Commissioner's Order Nullifying Sale Deed Under Senior Citizens Act — Violation of Natural Justice. Bona Fide Purchaser Without Notice Cannot Be Impleaded After Transfer, Order Set Aside for Lack of Jurisdiction and Procedural Fairness....

The petitioner, Sri Dhariyappagouda Patil, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 16/02/2024 passed by the Assistant Commissioner, Sav...

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High Court of Karnataka Dismisses Petitions by Directors Challenging NCLT Order Refusing Stay of EGM for Removal — Writ Petitions Held Not Maintainable Due to Alternative Remedy Under Section 421 of Companies Act, 2013. Petitioners Failed to Establish Prima Facie Case for Interim Relief Against Shareholder Action....

The High Court of Karnataka dismissed two writ petitions filed by Mr. Byju Raveendran, Mr. Riju Ravindran, and Ms. Divya Gokulnath, who are directors of Think and Learn Private Limited (the company), ...

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High Court of Karnataka Quashes BBMP Rejection of Katha Change Based on Will — Property Transfer by Will Requires Mutation Entry Without Succession Certificate. The court held that a Will is a valid testamentary document and the BBMP cannot insist on a succession certificate or probate for change of katha when the Will is not disputed....

The petitioner, Rupa B.P., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 26.05.2018 issued by the Assistant Revenue Officer, BBMP (resp...

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High Court of Karnataka Hears Batch of Petitions Challenging Registration of FIRs under the Prevention of Corruption Act, 1988 for Disproportionate Assets. Petitions Seek Quashing of FIRs Alleging Possession of Assets Exceeding Known Sources of Income by Public Servants under Sections 13(1)(b) and 13(2) of the Act....

A batch of writ petitions and criminal petitions were filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Pro...

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High Court Allows Appeal in Partition Suit Due to Non-Joinder of Necessary Party — Remands for Fresh Trial on Merits. The appellant's name in revenue record made him a necessary party; decree passed in his absence was patently illegal....

The appellant, a third party, filed an appeal against the judgment and decree in Regular Civil Appeal No.201 of 2015, which had affirmed the decree in Regular Civil Suit No.70 of 2009. The respondent ...