Search Results for "Section 40(1)"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Section 40(1)"

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High Court

Madras High Court Allows Interim Custody of Vehicles Allegedly Purchased from Proceeds of Crime — Emphasizes Right to Use Property Pending Trial. The court held that mere allegation of proceeds of crime without proof does not disentitle the owner to interim custody, especially when the vehicles were transferred before the FIR.

1 Jun 2026

The judgment pertains to two Criminal Revision Cases filed by A.J. Prabhakaran and D. Jagannathan, owners of a Mercedes Benz S350 and a Defender vehic...

High Court

Madras High Court Upholds Denial of Ordinary Leave to Convicts in Multiple Cases Due to Adverse Police Reports. Court Dismisses Petitions Seeking Leave for Convicts Convicted of Heinous Offences, Holding That Prison Authorities' Discretion Under Tamil Nadu Prison Rules Must Be Exercised Based on Objective Assessment of Threat to Public Order.

28 Apr 2026

The judgment involves four writ petitions filed by family members of convicts seeking ordinary leave for the convicts. The petitioners are Rajammal (m...

High Court

High Court Quashes FIR and Revisional Order for Violation of Accused's Right to Hearing in Criminal Revision. The court held that Section 401(2) of the Code of Criminal Procedure, 1973 mandates hearing for accused or other persons in revisional proceedings, and Sessions Judge's failure to hear petitioners before allowing revision against dismissal of Section 156(3) application rendered the order and subsequent FIR invalid.

2 Apr 2026

The dispute arose from a criminal writ petition filed by two petitioners, a senior citizen and her daughter, seeking to quash an FIR registered agains...

High Court

High Court of Bombay at Goa Quashes FIR and Sessions Court Order for Violation of Natural Justice — Accused Not Heard in Revision Against Rejection of Section 156(3) CrPC Application. The court held that the accused must be heard before the Revisional Court when a revision is filed against the rejection of a Section 156(3) CrPC application, as failure to do so violates principles of natural justice.

2 Apr 2026

The petitioners, Smt. Shaila Damodar Sinai Borkar and Dr. Priti Siddsh Kharangate, filed a Criminal Writ Petition before the High Court of Bombay at G...

High Court

High Court of Karnataka Allows Refund of Cess/Additional Stamp Duty Paid Under Protest — Levy of 10% Cess on Maximum Stamp Duty Held Unauthorized Under Karnataka Stamp Act, 1957 and Karnataka Cess on Stamp Duty Act, 1962. Division Bench directs refund of ₹2.5 crores with interest at 6% per annum from date of payment.

6 Aug 2025

The appellant, Prestige Exora Business Parks Limited, filed an intra-court appeal against an order dated 27.01.2025 passed by a learned Single Judge o...

Supreme Court

Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

13 Dec 2024

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

High Court

Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

10 Apr 2024

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

High Court

Bombay High Court Dismisses Petition Challenging Modification of Group Secretaries' Service Conditions — State Government's Power to Modify Policy Upheld. The Court held that the Government Resolution dated 15 March 2022, which modified the earlier directive of 6 December 2010 regarding payment of service charges to Group Secretaries, was valid and within the State's policy-making authority.

18 Dec 2023

The petitioner, Solapur District Co-operative Group Secretaries Association, filed a writ petition seeking implementation of the State Government's di...

High Court

High Court of Karnataka Allows Revision Petitions in Dishonour of Cheque Cases — Conviction Set Aside Due to Non-Examination of Complainant's Power of Attorney Holder. Complainant Failed to Prove Due Execution of Power of Attorney, Rendering Complaint Not Maintainable Under Section 138 of Negotiable Instruments Act, 1881.

10 Sep 2014

The case involves multiple criminal revision petitions filed by M/s. Shanthi Fortune (India) Limited and its Managing Director, Krishnamurthy, against...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to Stay Suit Under Section 10 CPC. Court Held That Section 10 CPC Does Not Apply When Parties Are Not Same in Both Suits and Subject Matter Is Not Directly and Substantially in Issue.

1 Dec 2011

The petitioner, original plaintiff, filed Regular Civil Suit No.19 of 2009 seeking a declaration that a sale deed dated 31/10/2008 was obtained by fra...

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