Search Results for "malafide investigation"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "malafide investigation"

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High Court

Bombay High Court Sets Aside Industrial Court Stay on Promotion/Transfer Order in Newspaper Company Dispute — Transfer as Condition of Service Upheld in Absence of Malafides. Court holds that Industrial Court cannot interfere with transfer order issued in exigencies of service when transfer is an express condition of employment and no prima facie case of malafide is made out.

2 Jul 2024

The Bombay High Court dealt with a petition challenging an interim order of the Industrial Court, Thane, which temporarily restrained the petitioners ...

High Court

Bombay High Court Quashes FIR Against Former Intelligence Commissioner in Leak Case — Lack of Sanction and Limitation Bar. Court holds that prosecution under Official Secrets Act and other statutes requires prior sanction under Section 197 CrPC and Section 170 of Maharashtra Police Act, and is barred by limitation under Section 468 CrPC.

15 Dec 2021

The petitioner, Rashmi Uday Shukla, was the Commissioner of the State Intelligence Department, Maharashtra. On 26 March 2021, an FIR was registered at...

High Court

Bombay High Court Allows Writ Petition for Implementation of Government Order in Criminal Investigation Transfer Case — Failure to Comply with Executive Directions Violates Rule of Law. The court held that the order dated 2nd September 2016 issued by the Additional Chief Secretary (Home) directing transfer of investigation of C.R. No. 246/2016 is binding on the Khar Police Station and must be implemented forthwith.

13 Apr 2017

The petitioner, Poonam Jaidev Shroff, filed a writ petition before the Bombay High Court seeking a writ of mandamus to direct the Khar Police Station ...

High Court

High Court of Karnataka Quashes FIR Against Public Servants in Land Revenue Act Case — No Prima Facie Case for Abetment of Misappropriation. Allegations of unauthorized land transfer and criminal breach of trust by government officials quashed as FIR lacked specific allegations of dishonest intention or criminal misconduct under Section 192A of Karnataka Land Revenue Act, 1964.

17 Mar 2015

The judgment pertains to four connected petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR in Cr...

High Court

Karnataka High Court Quashes FIR Against Public Servants in Land Revenue Act Case — No Sanction Required Under Section 197 CrPC for Acts Done in Official Duty. Allegations of Fabrication of Records Under Section 192A of Karnataka Land Revenue Act, 1964 Do Not Attract Criminal Liability Without Prior Sanction.

17 Mar 2015

The judgment pertains to four connected petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No.18...

High Court

High Court of Karnataka Quashes Order Taking Cognizance Against Additional Advocate General in Private Complaint for Offences Under SC/ST Act and IPC — Lack of Sanction Under Section 197 CrPC and Section 19 of PC Act

26 Jun 2013

The petitioner, Sri K M Nataraj, the Additional Advocate General of Karnataka, filed a writ petition under Articles 226 and 227 of the Constitution of...

High Court

Bombay High Court Quashes Show Cause Notice in Co-operative Housing Society Dispute — Deputy Registrar Lacked Jurisdiction to Record Disqualification Under Section 73(1AB) Without Prior Inquiry. The court held that a finding of disqualification under Section 73(1AB) of the Maharashtra Co-operative Societies Act, 1960 cannot be recorded without affording an opportunity of hearing to the affected members.

10 Aug 2012

The petitioner, Vithal Nagar Co-operative Housing Society Ltd., challenged an order-cum-show cause notice dated 9.11.2011 issued by the Deputy Registr...

High Court

Bombay High Court Dismisses Petition Seeking Reinstatement of Investigating Officer in NDPS Case — Transfer of IO is an Administrative Decision Not Subject to Judicial Review Unless Malafide

7 Mar 2011

The petitioner, Salil Anupendra Chaturvedi, filed a criminal writ petition under Article 226 of the Constitution of India challenging the transfer of ...

High Court

Bombay High Court Dismisses Petition Seeking Mandamus to Register FIR in Economic Offences Case — No Mandatory Duty to Register FIR on Private Complaint Without Preliminary Inquiry. Court Holds That Police Have Discretion to Conduct Preliminary Inquiry Before Registering FIR Under Section 154 CrPC, and Writ of Mandamus Cannot Be Issued to Compel Registration.

26 Nov 2010

The petitioner, Mrs. Charu Kishor Mehta, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking a writ of mandamus to c...

High Court

Bombay High Court Quashes FIR Against HDFC Bank Executive in Cheque Dishonour Case — Donation Not a Legally Enforceable Debt Under Section 138 NI Act. Court held that a cheque issued as a donation without existing liability does not attract penal provisions under Negotiable Instruments Act, 1881.

30 Nov -0001

The petitioner, Sashidhar Jagdishan, an individual aged 79 years and an executive at HDFC Bank, filed a criminal writ petition under Article 226 of th...

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