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 Quashes NDPS Proceedings Against Petitioner for Lack of Evidence of Conscious Possession and Commercial Quantity. Court holds that mere presence in a vehicle with contraband does not constitute possession under Section 20(b)(ii)(A) of NDPS Act without proof of knowledge and control.

27 May 2024

The petitioner, Mr. Kalam Narendra, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of...

High Court

High Court of Karnataka Quashes Non-Bailable Warrant in Criminal Case Due to Non-Compliance with Section 73 Cr.P.C. — Petitioner's Absence Not Deliberate as Warrant Issued Without Prior Notice or Bailable Warrant. The court held that a non-bailable warrant cannot be issued without first issuing a bailable warrant or summons unless there is deliberate avoidance, and the Sessions Court failed to record reasons as required under Section 73 Cr.P.C.

9 Jul 2024

The petitioner, Vaibhavaraj Utsav, filed a criminal petition under Section 482 Cr.P.C. before the High Court of Karnataka challenging an order dated 1...

High Court

High Court of Karnataka Allows Appeal Against Injunction Order in Property Dispute — Appellants' Right to Use Property Not Barred by Limitation or Acquiescence. Court holds that temporary injunction cannot be granted based on mere possession without clear legal right and that delay in filing suit does not automatically disentitle relief if substantial rights are involved.

28 Jul 2023

The case involves an appeal filed by the defendants/appellants against an order dated 01.03.2023 passed by the III Additional City Civil and Sessions ...

High Court

High Court of Karnataka Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 366, 343, 376 IPC and Section 6 of POCSO Act set aside as victim's testimony was unreliable and medical evidence did not support rape.

3 Feb 2022

The appellant was convicted by the Additional District & Sessions Judge, Special Judge, Hassan in Special Case No.65/2014 for offences under Sections ...

High Court

Karnataka High Court Grants Bail to Accused in POCSO Case Considering Consensual Relationship and Marriage Proposal. Court held that where a minor victim had a consensual relationship and later married the accused after attaining majority, bail under Section 439 CrPC can be granted for offences under Sections 363, 376(2)(n) IPC, Section 6 POCSO Act, and Sections 9, 11 Prohibition of Child Marriage Act.

5 Mar 2022

The petitioner, Thippeswamy @ Thipeshi, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking regular bai...

High Court

High Court of Karnataka Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Witnesses. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

13 Jun 2022

The appellant, Soma @ Somanna, was convicted by the V Additional District and Sessions Judge, Devanahalli, Bangalore Rural District, in S.C. No. 136/2...

High Court

High Court of Karnataka Quashes Labour Authority Order in Minimum Wages Act Case — Gram Panchayat Not Liable for Individual Contractor's Wage Claims. Panchayat's Role as Principal Employer Under Section 20(2) of Minimum Wages Act, 1948 Examined — No Employer-Employee Relationship Established.

16 Aug 2022

The petitioners, Kartikere Gram Panchayat and the Chief Executive Officer of Chickmagalore Zilla Parishad, filed a writ petition under Articles 226 an...

High Court

High Court of Karnataka Dismisses State Appeal Against Acquittal in SC/ST Atrocities Case — Prosecution Fails to Prove Caste-Based Insult and Assault Beyond Reasonable Doubt. The Court upheld the trial court's finding that the essential ingredients of Section 3(1)(x) of SC/ST Act were not made out as the alleged insult was not in public view and the assault was not corroborated by medical evidence.

21 Nov 2022

The State of Karnataka, through Holalkere Police Station, filed an appeal under Section 378(1) & (3) of the Code of Criminal Procedure, 1973, challeng...

High Court

Karnataka High Court Grants Anticipatory Bail to Accused in Money Dispute Case Under Sections 354, 323, 504, 506 IPC. Court Held That Custodial Interrogation Not Required as Dispute Primarily Civil, and Granted Bail Under Section 438 CrPC.

7 Jul 2020

The petitioners, B.M. Mallaiah and Smt. Bhagyamma, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking ...

High Court

High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act and Lack of Recovery from Accused. The court held that the mandatory requirements of Section 50 of NDPS Act were not complied with as the petitioner was not informed of his right to be searched before a gazetted officer or a magistrate, and no recovery was made from the petitioner.

1 Jul 2020

The petitioner, Nissar, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No.19/2020 register...

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