Search Results for "malafide investigation"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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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 Quashes Discharge of Notary in Forgery Case — Prima Facie Evidence of Conspiracy to Cheat Widow by Forging Will of Comatose Father-in-Law. The court held that at the stage of framing of charge, only a prima facie case is required and strong suspicion of forgery of a will by a notary while the testator was in coma warrants framing of charges under Sections 420, 467, 471, 472 read with Section 34 and Section 120B of the Indian Penal Code, 1860.

6 Jun 2023

The petitioner, Smt. Seema Hitesh Khandelwal (informant), filed a criminal writ petition under Articles 226 and 227 of the Constitution of India chall...

High Court

Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Evidence and Malafide Intent. Court held that the ingredients of Section 3(1)(r) of SC/ST Act were not made out as the alleged insult was not in public view and the relationship was consensual.

11 Apr 2023

The judgment pertains to three criminal appeals filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Ac...

High Court

Bombay High Court Dismisses Petition Challenging Height Restrictions Near Naval Air Station — No Violation of Right to Development Found. Height restrictions imposed under Section 9A of the Aircraft Act, 1934 and Rule 44 of the Aircraft Rules, 1937 for safety of aircraft operations are reasonable and not arbitrary.

9 Dec 2022

The petitioners, Vikram Delite Co-operative Housing Society Ltd., Shree Ramkrishn Enterprises, and Parikshit Miglani, filed a writ petition under Arti...

High Court

Bombay High Court Dismisses Revision Against Refusal to Discharge Accused in CBI Bank Fraud Case — Prima Facie Case of Criminal Conspiracy and Forgery Made Out. The court held that at the stage of framing of charges under Section 227 CrPC, the court need not weigh evidence meticulously; allegations of instructing employee to open accounts for accommodation entries constitute sufficient ground for proceeding under Sections 120B, 420, 465, 467, 468, 471 IPC.

6 Dec 2021

The applicant, Kalpesh Jayram Koshti, filed a Criminal Revision Application under Section 397 read with Section 401 of the Criminal Procedure Code, 19...

High Court

Bombay High Court at Goa Quashes FIR in Criminal Writ Petition for Non-Disclosure of Cognizable Offence — Sections 323, 427, 504, 506 IPC Non-Cognizable Without Sanction. Court held that FIR under Sections 341, 323, 427, 504, 506 read with Section 34 IPC was liable to be quashed as the complaint did not disclose the offence of wrongful confinement and other offences were non-cognizable.

10 Oct 2016

The petitioners, Antonio Xavier Gomes Pereira, Aravin Gomes Pereira, and Rui Gomes Pereira, filed a Criminal Writ Petition before the Bombay High Cour...

High Court

Bombay High Court Quashes Process Issued by Magistrate for Non-Compliance with Section 202 CrPC — Mandatory Inquiry Required When Accused Reside Outside Jurisdiction. The court set aside the order dated 12th January, 2015 and remanded the matter for fresh consideration after conducting the mandatory inquiry under Section 202 CrPC.

20 Jul 2016

The applicants, eight individuals including Harish Ukey and others, filed a criminal application under Section 482 of the Criminal Procedure Code, 197...

High Court

Bombay High Court Dismisses Revision Applications Against Rejection of Discharge in Atrocities Case — Allegations of False Complaint Not Ground for Discharge Under Section 227 CrPC. The court held that at the stage of framing of charges, the court is not required to examine the truth or falsity of the allegations; only a prima facie case is sufficient to proceed.

2 Jul 2015

The case involves two Criminal Revision Applications filed by the applicants (accused) against an order dated 28th July 2014 passed by the Special Cou...

High Court

High Court of Bombay at Goa Quashes Summons in Medical Negligence Case for Lack of Sanction Under Section 197 CrPC — Doctor and Hospital Manager Protected as Public Servants Under Section 2(c) of the Prevention of Corruption Act, 1988.

10 Feb 2015

The case involves two criminal writ petitions filed by Dr. Vivekanand Jawali (a cardiac surgeon) and Mr. Karthik Rajagopal (Zonal Director of Fortis H...

High Court

Bombay High Court at Goa Quashes Corruption Case Against Customs Officers for Lack of Valid Sanction. Prosecution under Prevention of Corruption Act, 1988 and Indian Penal Code, 1860 fails as prior sanction under Section 197 CrPC and Section 19 of PC Act was mandatory for acts done in discharge of official duty.

29 Aug 2012

The petitioners, nine customs officers, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 and Article 226 of the Constitution...

High Court

Bombay High Court Allows Passport Renewal for Accused in Criminal Cases — Directs Issuance Without Impounding Subject to Conditions. Mere pendency of criminal proceedings does not justify denial of passport renewal under Section 6(2)(f) of the Passports Act, 1967, and the Passport Authority must consider the request independently, subject to conditions to secure the petitioner's presence during trial.

30 Nov -0001

The judgment concerns two criminal writ petitions filed by individuals who were denied renewal of their passports by the Passport Authority on the gro...

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