Search Results for "malafide investigation"

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Bombay High Court Grants Bail to Accused in Attempt to Murder Case on Ground of Parity and Long Incarceration. Co-accused already granted bail; applicants entitled to same relief under Sections 140(2), 308(7), 3(5) of Bharatiya Nyaya Sanhita, 2023.

The applicants, Ramdev Singh Jadeja, Vishal Mir, and Chintan Arvindbhai Desai, filed a bail application under the Bharatiya Nyaya Sanhita, 2023 in con...

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Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act. Search Conducted Without Informing Accused of Right to be Searched Before Gazetted Officer or Magistrate, Rendering Recovery Illegal.

The applicant, Dhanji Dubriya, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in connection with F...

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Bombay High Court Grants Bail to Accused in Attempt to Murder Case Due to Lack of Prima Facie Evidence and Delay in Filing FIR. Court Held That Absence of Grievous Injuries and Delay in FIR Weakened Prosecution Case Under Sections 140(2), 308(7), 3(5) of Bharatiya Nyaya Sanhita, 2023.

The applicants, Ankush Singh and Jatin Patel, filed a bail application under the Bharatiya Nyaya Sanhita, 2023, in connection with FIR No. 0039 of 202...

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Bombay High Court Grants Bail to Applicants in Attempt to Murder Case Due to Lack of Prima Facie Evidence. Court held that Section 308(7) BNS requires specific intent to cause death, which was absent as injuries were simple and on non-vital parts.

The applicants, Vikas Rajput and Dilip Gavit, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking release in c...

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Supreme Court Upholds Section 498A IPC as Constitutionally Valid but Issues Guidelines to Prevent Misuse. The court held that the provision is not unconstitutional but requires safeguards against misuse through directions on arrest, investigation, and compounding of offences.

The Supreme Court in this batch of writ petitions and appeals considered the constitutional validity of Section 498A of the Indian Penal Code, 1860, w...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Non-Payment and Failure to Issue Taking Over Certificate. Court holds that disputes regarding interim payment certificates and issuance of TOC are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicants, BSI-JDN Joint Venture and others, filed four applications under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

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Bombay High Court Quashes 'C' Summary Report in Cheating Case — Directs Further Investigation Under Section 173(8) CrPC. Court finds that the investigating officer failed to examine crucial documents and witnesses, rendering the summary report premature and based on incomplete investigation.

The petitioner, Dharmil Anil Bodani, filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Crim...

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Karnataka High Court Quashes FIR Against Government Officials in Land Revenue Act Case — No Prima Facie Case for Abetment of Misappropriation. Section 192-A of Karnataka Land Revenue Act, 1964 requires specific allegations of abetment; mere official duty performance does not attract criminal liability.

The judgment concerns four criminal petitions and a writ petition filed by government officials seeking quashing of FIR in Crime No.18/2014 registered...