Search Results for "Section 36A"

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High Court of Karnataka Grants Default Bail to Accused in NDPS Case Despite Cognizance. Right to Default Bail Under Section 167(2) Cr.P.C. is Indefeasible and Not Extinguished by Filing of Charge Sheet or Taking of Cognizance Under Section 36A NDPS Act.

The petitioner, Shivaraj Urs, accused No.2 in Special CC No.1197/2019 pending before the Special Judge for NDPS cases, Bengaluru, filed a criminal pet...

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Bombay High Court Allows Second Appeal in Fragmentation Act Case — Preferential Right of Contiguous Land Owner Upheld. Sale of Fragmented Land to Non-Contiguous Purchaser Violates Section 7 of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.

The appellant, Vilas Shivmurti Munde, filed a second appeal against the dismissal of his suit for declaration and injunction. The suit sought to decla...

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Bombay High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Possession and Title Upheld. Court holds that findings of fact by lower courts on possession and title cannot be interfered with in second appeal under Section 100 CPC unless perverse or based on no evidence.

The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) over land in Udatare, Talu...

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Supreme Court Acquits Forest Officer in Murder Case Due to Hostile Witnesses and Failure to Prove Incident Beyond Reasonable Doubt. Conviction under Section 304 Part II IPC Set Aside as Prosecution Failed to Establish Manner of Occurrence.

The appellant, Sukumaran, a Forest Range Officer, was convicted by the Additional Sessions Judge, Dharmapuri, for offences under Sections 302 and 203 ...

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Bombay High Court Quashes Direction for Public Apology in CBSE Affiliation Dispute — Trust Not Liable for Misrepresentation Without Evidence of Fraud. Direction to issue public apology under Maharashtra Public Trusts Act, 1950 set aside as beyond statutory powers and without proper inquiry.

The petitioner, R. B. Bohora Educational & Welfare Trust, a public trust registered under the Maharashtra Public Trusts Act, 1950, challenged an order...

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Bombay High Court Quashes Process Against Accused in SC/ST Act Case for Lack of Specific Allegations. Process under Sections 3(1)(f) and 3(1)(g) of SC & ST (Prevention of Atrocities) Act, 1989 set aside as complaint lacked specific averments of caste-based insult or intent.

The present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) was filed by the a...