Search Results for "Section 67A"

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Bombay High Court Quashes FIR in Cyber Stalking Case: E-mails Lacking Sexual Content Do Not Attract Section 67 of IT Act or Sections 354, 509, 506 IPC. Court holds that vulgar language without lascivious intent or threat of injury does not constitute obscenity or criminal intimidation.

The Petitioner, Joseph Paul de Sousa, sought quashing of FIR No. 30 of 2009 registered with the Cyber Cell, Mumbai, for offenses under Sections 354, 5...

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Bombay High Court Dismisses Revision Against Transfer of Juvenile to Adult Court in POCSO Case. Preliminary assessment under Section 15 of JJ Act, 2015 upheld as valid and unbiased.

The case arises from a criminal revision application filed by Mustafa Khan Jabbar Khan, a juvenile in conflict with law, challenging the judgment and ...

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Bombay High Court Upholds Conviction of Accused in Gulshan Kumar Murder Case — Life Imprisonment for Murder and Attempt to Murder Confirmed. Evidence of Identification by Injured Witness and Recovery of Weapon Held Sufficient to Sustain Conviction Under Section 302 IPC.

The judgment pertains to the murder of Gulshan Kumar Dua, the founder of T-Series, who was shot dead on 12 August 1997. The appellant, Abdul Rauf Dawo...

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Supreme Court Allows Accused's Appeal for Cloned Copy of Memory Card in Rape Case — Right to Fair Trial Prevails Over Victim's Privacy. Electronic Record Held to be 'Document' Under Evidence Act and IPC, Entitling Accused to Copy Under Section 207 CrPC.

The appellant, P. Gopalkrishnan @ Dileep, was arrayed as accused No. 8 in a case registered under various sections of the Indian Penal Code, 1860 and ...

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42(2) of NDPS Act. Secret Information Not Sent to Superior Officer Renders Search Illegal and Conviction Unsustainable.

The appellant, Majjidkha s/o Hanifkha Khan, was convicted by the Special Judge, Chandrapur in Special Case No.10/2004 for an offence punishable under ...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act, 1961 for Lack of Fresh Material. Assessment Reopened Beyond Four Years Based on Same Facts Already Considered During Original Assessment Under Section 143(3) — Held That Change of Opinion Does Not Justify Reopening.

The petitioner, Sanand Properties Pvt. Ltd., filed a writ petition under Article 226 of the Constitution challenging a notice dated 11 January 2011 is...

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Bombay High Court Dismisses Election Petition for Non-Compliance with Section 81(3) of Representation of the People Act, 1951 — Failure to Furnish Adequate Number of Copies Renders Petition Invalid.

The petitioner, Surendra Budhaji Borkar, filed an election petition under the Representation of the People Act, 1951, challenging the election of Nara...