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Supreme Court Dismisses Writ Petition Challenging Rejection of Rajya Sabha Nomination Due to Suppression of Criminal Case in Affidavit. Article 329(b) Bar Applies: Remedy Lies Only Through Election Petition After Election Process is Complete.

The petitioner,  a candidate of the Indian National Congress, filed her nomination for a Rajya Sabha seat from Madhya Pradesh in a biennial elect...

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Supreme Court Sets Aside High Court's Interim Order Restraining Filing of Charge-Sheet in Property Dispute Case. The Court held that the High Court cannot restrain filing of charge-sheet under Section 193(3) BNSS while a quashment petition is pending, as it affects the statutory right of investigation.

The Supreme Court set aside an interim order of the Allahabad High Court that restrained the investigating officer from filing the charge-sheet in a c...

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Bombay High Court Quashes Criminal Proceedings in Defamation Case for Lack of Sanction Under Section 197 CrPC. Legal Practitioners as Public Servants Require Sanction for Prosecution for Acts Done in Discharge of Official Duty.

The judgment arises from two criminal writ petitions filed before the Bombay High Court. The petitioners, Anantrao Shankarrao Jagtap (original accused...

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Bombay High Court Quashes FIR in Tree Felling Case for Lack of Cognizance — Offence Under Section 21 of Maharashtra Trees Act is Non-Cognizable. Investigation Without Magistrate's Order Under Section 155(2) CrPC is Illegal and Proceedings Quashed.

The petitioner, Frank Augustin Lopes, filed a writ petition before the Bombay High Court challenging the registration of FIR No. 1189 of 2017 at Nala ...

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Bombay High Court Quashes Criminal Proceedings Against Society Members in Wildlife Act Case — No Prior Sanction Obtained. Proceedings under Sections 9, 39, 44, 49B, 50, 51, 52 of the Wildlife (Protection) Act, 1972 and Section 482 CrPC quashed for lack of mandatory sanction under Section 55 of the Act.

The applicants, who were members of Sindhu Education Society, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) ch...

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High Court Quashes FIR Under Section 295A IPC for Lack of Intent to Insult Religion — Alleged Offensive Article Published in Magazine Did Not Deliberately or Maliciously Intend to Outrage Religious Feelings.

The petitioner, Shivaji Sukhdeo Jaware, was the accused in Regular Criminal Case No. 105 of 2013 (originally RCC No. 361 of 2008) pending before the J...

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Bombay High Court Allows Civil Reference in Suit for Injunction Against Recovery of Non-Agricultural Charges Under Bombay Revenue Jurisdiction Act, 1876. Civil Court Not Barred from Entertaining Suit as It Does Not Challenge Assessment but Merely Restrains Recovery of Charges.

The case involves a civil reference made by the Civil Judge, Senior Division, Latur to the Bombay High Court under Section 13 of the Bombay Revenue Ju...