Search Results for "curable irregularity"

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High Court of Karnataka Allows Revision Petition in Private Complaint Case — Trial Court Directed to Record Pre-Charge Evidence Under Section 200 CrPC Before Framing Charges. The Court held that in a private complaint, the Magistrate must record evidence before charge, following Rajanna v. Chayapathi.

The revision petitioner, accused in a private complaint case filed by the respondent/complainant under Sections 406, 420, 504, and 506 of the Indian P...

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Supreme Court Allows Appeal in Murder Case Due to Fatal Non-Compliance with Section 313 Cr.PC — Failure to Put Incriminating Circumstances to Accused Vitiated Trial. Conviction under Section 302 IPC with Section 34 IPC Set Aside as Prejudicial Omission Caused Miscarriage of Justice.

The Supreme Court allowed the appeal of Naresh Kumar, a life convict, challenging his conviction under Section 302 IPC read with Section 34 IPC for th...

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Bombay High Court Allows Appeal in Land Acquisition Case — Unsigned Award Declared Invalid. An award under Section 11 of the Land Acquisition Act, 1894 must be signed by the officer; death of officer before signing renders award a nullity and land does not vest under Section 16.

The case involves a second appeal by the original plaintiffs (appellants) against the judgment of the District Court, Thane, which reversed the trial ...

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Bombay High Court Quashes Process in PCPNDT Act Case Due to Invalid Complaint Filing. Complaint Filed by Unauthorized Officer Without Proper Authorization Under Section 28 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

The applicant, Dr. Sandhya Arun Kulkarni, challenged the order of issuance of process passed by the Judicial Magistrate First Class, Chandrapur on 27-...

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Bombay High Court Dismisses Petitions Challenging Collector's Order on Disqualification References Under Maharashtra Local Authority Members' Disqualification Act, 1986. Preliminary Objections Regarding Non-Compliance with Rule 6 and Verification Requirements Rejected as Technicalities.

The petitioners, elected members of Zilla Parishad, Dhule, challenged an order dated 27 May 2009 passed by the Collector, Dhule, which turned down the...