Search Results for "material procedural irregularity"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "material procedural irregularity"

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High Court

Bombay High Court Dismisses Writ Petition of Retired Medical Officer Challenging Denial of Pension After Conviction for Heinous Offences. Departmental Enquiry Initiated After Retirement Under Rule 27(2)(b)(i) of Maharashtra Civil Services (Pension) Rules, 1982 Upheld as Valid.

5 Jul 2023

The petitioner, Dr. Santram s/o Mitharam Rathod, was a Medical Officer in the Public Health Department of Maharashtra, appointed on 7 June 1982. He wa...

High Court

High Court of Karnataka Considers Writ Petition for De-freezing of Bank Account in Alleged Crypto Currency Fraud Case. Petitioner Claims Innocence and Non-Compliance with Section 102 Cr.P.C.

6 Aug 2024

The petitioner, a businessman engaged in oil trading, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section ...

High Court

Bombay High Court Allows Transfer of Patent Suit to High Court Under Section 104 of Patents Act, 1970 — Counterclaim for Revocation Mandates Transfer. The court held that upon filing a counterclaim for revocation of a patent, the suit must be transferred to the High Court, and the trial court cannot insist on payment of court fees before taking the counterclaim on record.

6 Jun 2011

The applicant, SERGI Transformers Explosion Prevention Technologies Private Limited, challenged the orders of the learned District Judge, Thane dated ...

Supreme Court

Supreme Court Upholds Acquittal of Accused in Murder Case Due to Unreliable Child Witness Testimony and Procedural Lapses. The Court Found That the Trial Judge Failed to Ascertain the Competency of a Minor Witness Under Section 118 of the Indian Evidence Act, 1872, and the Dying Declaration Evidence Was Not Put to the Accused Under Section 313 of the Code of Criminal Procedure, 1973.

22 Apr 2025

The appeals arose from a High Court judgment acquitting the accused of murder charges under Section 302 of the Indian Penal Code, 1860, related to the...

High Court

Bombay High Court Dismisses Petition Challenging Late Filing of Written Statement in Commercial Suit — Service of Writ of Summons Not Mandatory When Defendant Has Entered Appearance and Received Plaint and Notice of Motion. The court held that the object of service of summons is to give notice, and if the defendant has already appeared and received the plaint, formal service is not required under Order VIII Rule 1 CPC and Section 16 of the Commercial Courts Act, 2015.

21 Dec 2022

The Petitioner, Metro Ortem Ltd, a public limited company, filed a Commercial Suit No. 3 of 2019 before the Bombay City Civil Court at Mumbai against ...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in Bank Fraud Case Due to Cooperation and No Custodial Interrogation Required. Petitioners Allegedly Induced Bank to Sanction Loans Based on Forged Documents, but Court Found No Need for Custody as Documents Already Seized and Petitioners Cooperated.

22 Oct 2024

The petitioners, Rudhir Sareen, Saurav Vinay Jain, and Kamlesh Hari Kochra, filed separate writ petitions under Article 226 of the Constitution of Ind...

High Court

Karnataka High Court Quashes FIR Against Homestay Owner in Sexual Assault Case Involving Foreign National; Declares Arrest Illegal and Awards Compensation. Arrest Under Non-Cognizable Section 3(5) of Bharatiya Nyaya Sanhita, 2023 Without Cognizable Offence or Proper Procedure Held Violative of Fundamental Rights.

15 Jul 2026

Background: The petitioner, Palecanda Ponnappa @ Vishal, the owner of Devi Villa Homestay in Kodagu district, was arrested in connection with an alleg...

High Court

Bombay High Court Allows Writ Petition Challenging Denial of Drug Licence Based on Previous Licensee's Misconduct. Licensing Authority Must Consider Applicant's Own Suitability Under Drugs and Cosmetics Act, 1940 and Rules, 1945.

28 Oct 2013

The petitioner, Namdev Genba Parthe, through M/s. Kulswami Medical & General Stores, applied for a retail drug licence from premises at 188, Ambedkar ...

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...

Supreme Court

Supreme Court Allows Appeal Against Quashing of FIR in Bank Fraud Case — High Court Erred in Holding That Section 81(5B) of Maharashtra Co-operative Societies Act, 1960 Bars Registration of FIR by Third Party Based on Audit Report. The Court held that the special procedure under Section 81(5B) does not override the general criminal procedure for third-party complaints, and the FIR based on an audit report disclosing cognizable offences must be investigated.

20 Jul 2023

The appeal arises from a judgment of the Bombay High Court quashing FIR No. 806 of 2019 lodged by the appellant, Dhanraj N Asawani, against the respon...

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