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Bombay High Court Upholds De-freezing of Bank Accounts with Bank Guarantee Condition in Cheating Case. Court holds that Section 102 CrPC freezing cannot be indefinite and must be balanced against right to carry on business, directing furnishing of bank guarantee for de-freezing.

The case involves two applications under Section 482 of the Code of Criminal Procedure, 1973. The first application (APL No.191 of 2024) is filed by t...

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Bombay High Court Quashes Freezing of Properties by Investigating Officer in Bank Fraud Case — Lack of Statutory Authority Under M.P.I.D. Act. Investigating Officer Cannot Freeze Immovable Properties Without Legal Provision; Bail Conditions Already Complied With.

The petitioner, Vijaykumar alias Vijay S/o Sitaram Dandanaik, was the chairman of Vasantdada Nagari Sahakari Bank Ltd, Osmanabad. He was arrested in c...

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Supreme Court Allows Appeals Against De-Freezing of Bank Accounts in Seizure Case Under Section 102(3) CrPC — Delayed Reporting to Magistrate Does Not Vitiate Seizure Order; Requirement is Directory, Not Mandatory.

The Supreme Court considered appeals by the first informant in Crime No.318 of 2022 against an order of the Madras High Court dated 09.08.2023, which ...

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Bombay High Court Quashes Cancellation of Hospital Registration and Sealing for Violation of Natural Justice. Show-Cause Notice and Hearing Mandatory Under Section 8(1) of Bombay Nursing Home Registration Act, 1949 Before Any Adverse Action.

The petitioner, Dr. Shivraj Chhotulal Pataria, is the sole proprietor of Shivraj Hospital, which was granted a certificate of registration under Secti...

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Bombay High Court Quashes Seizure of Immovable Property in IPC 420 Case — Police Lacked Power to Attach Property Under CrPC. Seizure of Immovable Property Under Section 102 CrPC Is Without Authority of Law and Illegal.

The petitioners, Sangeeta Sanjay Malavankar and Sandeep Bhimrao Sarvagod, were accused in Crime No. I-217 of 2019 registered at Rabale Police Station,...

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Supreme Court Holds Police Cannot Seize Immovable Property Under Section 102 CrPC. The expression 'any property' in Section 102(1) CrPC means only movable property, and immovable property cannot be seized by police during investigation.

The Supreme Court in this judgment resolved a long-standing conflict of opinion in the Bombay High Court regarding the interpretation of Section 102 o...

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Bombay High Court Grants Bail to Accused in Forgery and Cheating Case — Dispute Civil in Nature. No Prima Facie Case Made Out Under Sections 411, 406, 409, 416, 418, 420, 464, 467, 468, 471, 120B IPC.

The applicants, Shri Dilip Kanal and another, filed a criminal application before the Bombay High Court seeking bail in connection with MECR No. 15 of...