Search Results for "malafide investigation"

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Search Results for "malafide investigation"

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High Court

High Court Dismisses Appeal in MPID Act Attachment Case, Upholding Lower Court's Rejection of Stay Application Based on IBC Moratorium. Attachment Proceedings Under Section 8 MPID Act Not Stayed as They Aim to Protect Depositors' Interests, Not Recover Debt, and Do Not Overlap with Insolvency Proceedings Under IBC.

10 Mar 2026

The appeal arose from an order dated 4th November 2023 passed by the Special Judge (MPID), City Civil & Sessions Court, Greater Bombay, rejecting ...

High Court

Bombay High Court Quashes Transfer Order of Police Officer Mother of Child with Autism on Humanitarian Grounds. Rights of Persons with Disabilities Act, 2016 invoked to exempt from routine transfer due to child's severe autism requiring constant maternal proximity.

13 Aug 2024

The petitioner, Mrs. Devyani C. Naik, a Lady Police Sub-Inspector with 22 years of service, filed a writ petition under Article 226 of the Constitutio...

Supreme Court

Supreme Court Quashes Cognizance Order Against Police Officer in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 170 Karnataka Police Act. The Court held that cognizance without sanction is void ab initio and the High Court should have quashed proceedings instead of remanding for discharge.

27 Mar 2020

The Supreme Court considered an appeal against the Karnataka High Court's order that declined to quash a Magistrate's order taking cognizance of a pri...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Sericulture Officers in Misappropriation Case — Lack of Sanction Under Section 197 CrPC Renders Prosecution Invalid. Criminal proceedings under Sections 409 and 420 IPC against public servants quashed for want of prior sanction as required under Section 197 of CrPC, as the alleged acts were committed in discharge of official duties.

10 Sep 2018

The case involves multiple writ petitions filed by public servants working as Sericulture Inspectors and a retired Deputy Director of Sericulture in K...

High Court

Bombay High Court Quashes FIR Against Returning Officer in Election Forgery Case. Lack of Prima Facie Case Under Sections 464, 465, 468, 470, 471, 472, 473 IPC Read with 34 IPC Leads to Quashing of Criminal Proceedings.

7 Jun 2017

The applicant, Fulsing Bhaulal Bahure, was the Assistant Registrar of Co-operative Societies, Vaijapur, and was appointed as Returning Officer for the...

High Court

Bombay High Court Quashes Tender Award Due to Arbitrariness in Technical Evaluation. Petitioner's Bid Rejected Without Proper Consideration of Clarifications, Court Directs Reconsideration.

17 Mar 2016

The petitioner, Kartikay Exploration and Mining Services Pvt. Ltd., challenged the award of a tender by the National Centre for Antarctic and Ocean Re...

High Court

Bombay High Court Dismisses Compensation Claim for Alleged Illegal Detention by Police Officers. False Case Under Bombay Police Act Resulted in Discharge, but Court Found No Malafide Intent or Violation of Fundamental Rights.

5 Mar 2012

The petitioner, Miss Veena Sippy, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, alleging...

High Court

Bombay High Court Directs Return of Security Deposit with Interest in Customs Duty Dispute — Petitioner Entitled to Refund of Rs.10 Crores with 18% Interest After CESTAT Set Aside Confiscation Order. The Court held that once proceedings are finalized in favour of the importer, the revenue cannot retain the security deposit and must return it with interest from the date of deposit under the Customs Act, 1962.

14 Jun 2010

The petitioner, M/s Pride Foramer, a company engaged in offshore oil exploration, imported a rig 'Pride Pensylvania' for a contract with ONGC. On 15 M...

High Court

Bombay High Court Quashes FIRs in SC/ST Atrocities Case Due to Lack of Public View and Malafide Prosecution. Allegations of caste-based insults failed as incidents occurred in private settings, not in public view, under Sections 3(1)(viii), 3(1)(ix), 3(2)(ii) of SC/ST Act, 1989.

30 Mar 2010

The applicant, Kamlakar Ratnakar Shenoy, filed three criminal applications under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. The court held that the complainant must prove that the demand notice was sent to the correct address of the accused by registered post with acknowledgment due, failing which the complaint is not maintainable.

30 Nov -0001

The judgment involves a batch of criminal writ petitions filed by the petitioners (Prabhakar Dattatraya Gune, Sanjay Chandrakant Kirloskar, and M.V. P...

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