Search Results for "Magistrate's permission"

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Search Results for "Magistrate's permission"

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High Court

High Court of Karnataka Allows Writ Petition Under Article 227 Against Rejection of Application Under Section 151 CPC for Appointment of Commissioner in Suit for Specific Performance. Inherent Powers Under Section 151 CPC Can Be Invoked for Appointment of Commissioner to Ascertain Physical Features of Property, Even if Not Covered Under Order 26 Rule 9 CPC.

1 Jul 2022

The petitioners, who are defendants in a suit for specific performance of contract (O.S. No. 445/2011) pending before the Principal Senior Civil Judge...

High Court

Karnataka High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act. The court held that failure to inform the accused of his right to be searched before a Magistrate or Gazetted Officer under Section 50 of the NDPS Act vitiates the seizure and entitles the accused to bail.

26 Aug 2022

The petitioner, Roshan Kumar Mishra, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking regular bail i...

High Court

Karnataka High Court Grants Anticipatory Bail to Student Accused of Assault with Cricket Bat in Dispute Over Rs.900 Loan. Court Held That Custodial Interrogation Not Necessary as Dispute Was Trivial and Parties Were Friends.

3 Jul 2020

The petitioner, Yashwant.N, a 19-year-old student, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking ...

High Court

High Court Grants Anticipatory Bail to Husband in Dowry Harassment and Cyber Crime Case — Petitioner Granted Pre-Arrest Bail Subject to Conditions. Custodial Interrogation Not Required as Matrimonial Dispute Ongoing and Complaint Alleged to Be False.

9 Jul 2020

The petitioner, R. Prashanth Kumar, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory...

High Court

High Court of Karnataka Grants Anticipatory Bail to Husband in Dowry Harassment Case Amidst Reconciliation Efforts. Court Allows Bail Under Section 438 Cr.P.C. Considering Young Age of Parties, Recent Childbirth, and Possibility of Amicable Settlement.

6 Jul 2020

The petitioner, Venu G.A., filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in connectio...

High Court

Bombay High Court Dismisses Petition Seeking Renewal of Lease Under Article 226 — No Obligation on Collector to Renew Lease in Absence of Statutory or Contractual Right. Lease Renewal Claim Fails as Lease Deed Contained No Covenant for Renewal and Writ Jurisdiction Cannot Enforce Mere Contractual Right.

18 Jan 2017

The petitioners, M/s Redstone Realtors and another, a firm engaged in property development, filed a writ petition under Article 226 of the Constitutio...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Electricity Theft Case Due to Lack of Independent Witnesses and Procedural Lapses. Acquittal of Accused Employee Upheld as Prosecution Failed to Prove Dishonest Intention and Tampering Beyond Reasonable Doubt Under Sections 420, 511, 427 IPC and Section 138 Indian Electricity Act.

9 May 2017

The State of Maharashtra appealed against the judgment and order dated 27th February 2002 passed by the Judicial Magistrate First Class No.3, Solapur,...

High Court

Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness. Conviction under Section 5(1)(d) read with 5(2) of Prevention of Corruption Act, 1988 and Section 161 IPC set aside as sole trap witness was interested and testimony uncorroborated.

16 Aug 2017

The appellant, Shridhar Ramkrushna Fale, was convicted by the Additional Sessions Judge, Akola, for offences under Section 5(1)(d) read with Section 5...

High Court

Bombay High Court Quashes FIR Against Employee for Absence During Election Training Due to Medical Leave — Lack of Intentional Dereliction of Duty Under Section 134 of Representation of Peoples Act, 1951 and Section 31 of Maharashtra Municipal Council Act, 1965. The court held that absence on medical leave constitutes reasonable cause, and without intentional dereliction, no prima facie case exists.

19 Jan 2018

The applicant, Sachin Nagorao Annapurve, an employee of Zilla Parishad, Jalna, filed a criminal application under Section 482 of the Code of Criminal ...

High Court

Bombay High Court Allows Second Appeal in Fragmentation Act Case — Civil Court Cannot Decide Validity of Consolidation Officer's Order Under Section 31 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. Jurisdiction of Civil Court Barred Under Section 32 of the Act, Sale Deed Declared Void by Competent Authority Cannot Be Re-Examined.

11 Dec 2018

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, arising from a dispute over agricultural land. The appellant...

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