Search Results for "Charge Defect"

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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...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Charge Defect"

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High Court

Bombay High Court Quashes Order of Adhoc District Judge Setting Aside Municipal Election; Holds Disqualification Order Set Aside in Appeal Has Retrospective Effect. Court Rules That Appellate Order Wipes Out Stigmatic Disqualification from Inception, Thus Candidate Not Disqualified at Nomination Under Section 16(1)(a1)(ii) of Maharashtra Municipal Councils Act, 1965.

9 Mar 2010

The dispute arose from elections to the Municipal Council, Kinwat, held in November-December 2007. The petitioner, Arun Alne, was elected as a council...

High Court

Bombay High Court Dismisses Election Petition for Lack of Material Facts in Recount Application. Allegations of Improper Counting Must Be Supported by Specific Averments Under Section 83 of the Representation of the People Act, 1951.

22 Sep 2016

The case involves an election petition filed by Rashmi Digambar Bagal challenging the election of Narayan Govindrao Patil from the 244 Karmala Assembl...

High Court

Bombay High Court Quashes Criminal Proceedings Under Factories Act for Vagueness of Complaint. Complaint Must Contain Specific Allegations Disclosing Offence; Documents Annexed Cannot Cure Defect Under Section 482 CrPC.

7 May 2013

The applicants, the Manager and General Manager of a fertilizer manufacturing company, Zuari Industries Limited, approached the Bombay High Court unde...

Supreme Court

Supreme Court Allows Appeal in Murder Case Due to Fatal Non-Compliance with Section 313 Cr.PC — Failure to Put Incriminating Circumstances to Accused Vitiated Trial. Conviction under Section 302 IPC with Section 34 IPC Set Aside as Prejudicial Omission Caused Miscarriage of Justice.

8 Jul 2024

The Supreme Court allowed the appeal of Naresh Kumar, a life convict, challenging his conviction under Section 302 IPC read with Section 34 IPC for th...

High Court

Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

3 Jul 2024

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

Supreme Court

Supreme Court Allows State Appeal in Police Constable Dismissal Case — Reinstates Dismissal Despite Criminal Acquittal. Standard of Proof in Disciplinary Proceedings is Preponderance of Probabilities, Not Beyond Reasonable Doubt.

1 Jan 2020

The appeal arises from a judgment of the Division Bench of the Rajasthan High Court which set aside the dismissal of the respondent, a police constabl...

Supreme Court

Supreme Court Quashes Proceedings Against Editor in POCSO Case Due to Lack of Magistrate Permission for Investigation. The Court held that Section 155(2) of the Code of Criminal Procedure, 1973 applies to non-cognizable offences under Section 23 of the Protection of Children from Sexual Offences Act, 2012, and investigation without Magistrate permission is vitiated, barring cognizance.

21 Mar 2022

The appeal arose from a judgment of the High Court of Karnataka dismissing a criminal petition under Section 482 of the Code of Criminal Procedure, 19...

High Court

Bombay High Court Dismisses Petition Challenging Dismissal of Complaint Under Section 156(3) CrPC — Dispute Civil in Nature. Agreement for Sale Not Registered, Power of Attorney Revoked, No Criminal Intent Made Out.

11 Nov 2025

The petitioner, a partnership firm engaged in real estate, filed a criminal complaint under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Case Due to Tribunal's Failure to Consider Evidence — Claimants Entitled to Compensation Under Section 163A of Motor Vehicles Act, 1988. The Court held that under Section 163A, the claimant need not prove negligence, and the Tribunal erred in dismissing the claim on the ground that the offending vehicle was not identified.

12 Jan 2026

The present appeal was filed by the original claimants, being the wife, major children, and parents of the deceased Shantilal Kalabhai Garasia, a Poli...

Supreme Court

Supreme Court Dismisses Election Petition on Technical Grounds Due to Absence of Mandatory Affidavit for Corrupt Practice Allegations. The High Court had allowed dismissal application under Section 86(1) of Representation of People Act, 1951, finding total non-compliance with proviso to Section 83(1) requiring Form 25 affidavit when petition alleged corrupt practices under Sections 123 and 100.

13 Dec 2021

The dispute arose from an election petition filed by the appellant, a candidate from the 16 Hassan Parliamentary Constituency in the 2019 elections, c...

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