Search Results for "Magistrate's permission"

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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 Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Magistrate's permission"

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High Court

Bombay High Court Quashes Second FIR Registered on Complaint of Accused in Same Incident — Bar on Multiple FIRs for Same Offence Under Section 154 Cr.P.C. The court held that registration of a second FIR on same facts after charge sheet is filed is impermissible and amounts to abuse of process, and the Magistrate's order under Section 156(3) Cr.P.C. cannot be used to direct a fresh FIR.

17 Apr 2017

The applicants, who were accused in a suicide abetment case, filed a criminal application under Section 482 Cr.P.C. seeking quashing of a second FIR r...

Supreme Court

Supreme Court Quashes Criminal Proceedings in Forgery Case Due to Bar on Second Complaint Without Fresh Evidence. Second Complaint on Same Allegations with Additional Details but No New Evidence Held Not Maintainable Under Section 203 CrPC.

1 Jan 2020

The case involves a dispute among the heirs of G.S. Naidu, who owned a Maruti-800 vehicle and died on 12.12.2001. The complainant, the second son of G...

High Court

Bombay High Court Allows Writ Petition Against Police Harassment of Beautician — Violation of Right to Practice Profession Under Article 19(1)(g). Police officials directed to permit petitioner to carry on her beauty parlor business without interference and to pay costs of Rs. 25,000.

25 Sep 2023

The petitioner, Shakuntala Karamveer Sarsath, a beautician by occupation, filed a writ petition under Article 226 of the Constitution of India allegin...

High Court

Bombay High Court Allows Interim Custody of Seized Goats to Animal Welfare Trust in Section 429 IPC Case. Registered Trust Granted Custody of 45 Goats Under Section 451 CrPC and Prevention of Cruelty to Animals Rules, 2017 for Welfare Pending Trial.

11 Oct 2019

The applicant, Bhartiya Govansh Rakshan Sanvardhhan Parishad, a registered trust engaged in animal welfare and prevention of illegal slaughter, filed ...

High Court

Bombay High Court Quashes PMLA Proceedings Against Accused in Seva Bank Loan Fraud Case — Lack of Scheduled Offence and Non-Application of Mind in ECIR Registration. The court held that the ECIR was registered solely on the basis of FIR No.163/2018 involving Section 420 IPC, but the subsequent FIRs (525/2021, 526/2021, 527/2021) which included other scheduled offences were not considered, and the proceeds of crime were not properly identified, rendering the PMLA proceedings unsustainable.

29 Aug 2024

The judgment concerns multiple writ petitions filed by individuals accused in connection with alleged loan fraud involving Seva Vikas Co-operative Ban...

High Court

High Court of Bombay Quashes Prosecution Under MRTP Act Due to Limitation Bar — Non-Compliance with Demolition Notice Held Not a Continuing Offence. The Court held that offence under Section 53(7) of the Maharashtra Regional and Town Planning Act, 1966, is complete upon failure to comply with notice within prescribed period, and the mere continuance of unauthorized construction does not keep the offence alive for purposes of limitation under Section 468 Cr.P.C.

12 Feb 2013

The petitioners, who were accused in a criminal case under the Maharashtra Regional and Town Planning Act, 1966, challenged the rejection of their ple...

Supreme Court

Supreme Court Dismisses Municipal Corporation's Appeal Against Resolution Plan Approval in Insolvency Case — Lease Rights and Statutory Compliance Under IBC and MMC Act Upheld. The Court held that MCGM's written submissions indicating acceptance of the plan constituted consent, and the plan did not violate the MMC Act or the IBC timeline.

15 Nov 2019

The Municipal Corporation of Greater Mumbai (MCGM) appealed under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the order of th...

High Court

Bombay High Court Allows Landowner's Compensation Claim Under Indian Telegraph Act for Tree Removal by Electricity Board - Maintainability of Application Under Section 16(3) Upheld. The court held that Section 16(3) of the Indian Telegraph Act, 1885 applies to electricity boards for compensation for tree removal, and the District Judge has jurisdiction to decide such application.

8 Dec 2005

The case involves two writ petitions. The first writ petition was filed by Sau. Kalpana Rukhabdas Jain, a landowner, challenging the order dated 25.1....

High Court

Bombay High Court Quashes Suo Moto Revision by Sessions Judge in Arrest Permission Case — No Cause or Reason for Exercise of Revisional Powers. Sessions Judge's Suo Moto Revision of Magistrate's Order Permitting Night Arrest of Female Accused Quashed for Lack of Any Trigger or Reason, as Neither Party Was Aggrieved.

1 Oct 2024

The Bombay High Court at Nagpur was faced with a criminal writ petition challenging the suo moto invocation of revisional jurisdiction by the learned ...

Supreme Court

Supreme Court Allows Appeals in FERA Case Due to Non-Compliance with Mandatory Opportunity Notice and Violation of Speedy Trial. The Court quashed criminal complaints and summoning orders against Standard Chartered Bank and its officer for offences under FERA, holding that the proviso to Section 61(2) of FERA requires a mandatory opportunity notice before prosecution, and that inordinate delay of over 20 years violated Article 21.

21 Jul 2026

The case involves appeals by Standard Chartered Bank and its officer against the judgment of the Bombay High Court, which declined to quash two crimin...

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