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Bombay High Court Quashes Criminal Proceedings Against Office-Bearers of Cooperative Housing Society; Holds Absence of Prima Facie Case Under SC/ST Act and MCOCA for Civil Dispute

The Bombay High Court, Aurangabad Bench, considered three proceedings: Criminal Application No.4144 of 2009, Criminal Application No.3304 of 2010, and...

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Bombay High Court Dismisses Complainant's Challenge Against Discharge of Accused in Import Export Act Case. Complaints under Section 5 of Import and Export (Control) Act, 1947 were not maintainable as the Act stood repealed and complaints lacked valid sanction.

The Deputy Chief Controller of Import & Export, Mumbai, filed separate complaints against various accused before the Metropolitan Magistrate, 19th Cou...

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High Court of Bombay Dismisses Appeals Against Acquittal in Sohrabuddin Fake Encounter Case Due to Lack of Evidence and Hostile Witnesses. Acquittal Upheld as Prosecution Failed to Establish Police-Politician Conspiracy and Connection to Seized Firearms Under Sections 120B, 302 IPC and Section 378 CrPC.

The appeals arose from the judgment of acquittal dated 21 December 2018 by the Additional Sessions Judge, Mumbai, in Sessions Case Nos. 177 of 2013, 1...

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Bombay High Court Quashes FIR and Section 156(3) Order in Stockbroker-Client Dispute. Dispute over share transactions held to be civil, not criminal, under Section 409 IPC.

The petitioners, Nirmal Bang Securities Private Limited (a stockbroking company) and its directors, filed a writ petition under Article 226 of the Con...

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Bombay High Court Quashes FIR in Trademark Dispute Due to Investigation by Unauthorized Officer. Violation of Section 115 Trade Marks Act, 1999 Rendered Proceedings Invalid.

The applicant, Shrenik Shantilal Dhadiwal, proprietor of a firm, faced criminal prosecution arising from FIR No. 97/2003 registered at Shrirampur City...

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Supreme Court Allows CBI Appeals in PC Act Cases: Consent Under Section 6 DSPE Act Not Required for Investigation of Central Government Employees; Notification Under Section 3 PC Act Not a Condition Precedent for Trial by Special Judge.

The Supreme Court of India heard two appeals filed by the Central Bureau of Investigation (CBI) against a common judgment of the High Court of Andhra ...

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Bombay High Court Dismisses Applications Seeking Police Investigation Against Former Mayor and Town Planner in Compensation Dispute. Court Holds That No Cognizable Offence Is Made Out and That the Magistrate's Direction to Treat the Application as a Complaint Was Proper.

The applicant, Atul Ashok Mundada, purchased two agricultural lands in Jalgaon for development. He claimed that the lands were acquired by the Jalgaon...

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...