Search Results for "Section 353 IPC"

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Search Results for "Section 353 IPC"

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High Court

Bombay High Court Quashes Externment Order Under Maharashtra Police Act for Lack of Subjective Satisfaction. Authority Failed to Consider Acquittals and Pending Cases, Leading to Non-Application of Mind.

1 Mar 2023

The petitioner, Paramjitsingh @ Jentil Sardar Lohiya, challenged an externment order dated 11.04.2022 passed by the Deputy Commissioner of Police, Zon...

Supreme Court

Supreme Court Quashes Adverse Remarks Against Police Officer in Bail Order — Remarks Beyond Scope of Bail Proceedings and Violative of Natural Justice. The High Court's prima facie findings of dereliction of duty and direction for departmental action against a non-party police officer were set aside for lack of hearing and exceeding the scope of bail jurisdiction.

1 Jan 2023

The appeal arose from a judgment of the Madhya Pradesh High Court in a bail application (MCRC No. 43998 of 2022) where the High Court, while granting ...

High Court

Bombay High Court Quashes FIR and Discharge Order in MSRTC Diesel Overwriting Case — Lack of Criminal Intent and Civil Nature of Dispute. Applicant Depot Manager Allegedly Involved in Overwriting Diesel Records to Inflate Bills, But Court Found No Criminal Conspiracy or Mens Rea, Quashing Proceedings Under Sections 409, 468, 471 IPC.

29 Sep 2022

The applicant, Ramesh Manohar Madawi, was the Depot Manager of the Maharashtra State Road Transport Corporation (MSRTC) at Arvi. On 07.03.2013, the Ac...

Supreme Court

Supreme Court Allows Appeal in Income Tax Deduction Case for Pharmaceutical Freebies. Expenses on Gifting Freebies to Medical Practitioners Are Deductible Under Section 37(1) of Income Tax Act, 1961, as Indian Medical Council Regulations Only Prohibit Acceptance, Not Gifting, Under Explanation 1.

22 Feb 2022

The dispute involved a pharmaceutical company, referred to as Apex, appealing against a High Court judgment that upheld orders disallowing part of its...

High Court

Bombay High Court Quashes Counter-Blast FIR in Assault Case Due to Lack of Independent Witnesses and Inherent Improbability. The court held that a subsequent FIR filed after the complainant's own FIR, without independent witnesses, is liable to be quashed under Section 482 CrPC.

3 Jul 2019

The petitioners, Bhaskar Madhukarrao Phad and Panaji Rubji Gavit, employees of MSEDCL, filed a Criminal Writ Petition under Section 482 of the Code of...

Supreme Court

Supreme Court Upholds Death Sentence for Accused in Rape and Murder of Five-Year-Old Child. Circumstantial Evidence Including Last Seen and Recovery at Instance of Accused Proved Guilt Beyond Reasonable Doubt.

12 Mar 2019

The Supreme Court dismissed the appeals of Sachin Kumar Singhraha, upholding his conviction and death sentence for the rape and murder of a five-year-...

High Court

Bombay High Court Allows Discharge of Accused from MCOC Act Offences for Lack of Sanction and Prima Facie Case. The court held that the sanction under Section 23(1)(a) of MCOC Act was invalid and the allegations did not constitute 'organised crime' under Section 2(1)(e) of the Act.

11 Mar 2019

The appellants, original accused nos.1 to 6 in MCOC Special Case No.5 of 2016 pending before the Special Judge (under the MCOC Act), Pune, filed an ap...

High Court

High Court of Bombay at Goa Dismisses Criminal Writ Petition Filed by Social Activist Against Order Quashing FIR Direction — Non-impleadment of other accused persons vitiates the petition. The Court held that when a Magistrate has taken cognizance and directed registration of FIR under Section 156(3) Cr.P.C., the accused have a right to be heard and must be impleaded in any challenge, relying on Raghu Raj Singh v. Shivam Sundaram (2009) 2 SCC 363.

4 May 2018

The case arose from a complaint filed by a social activist against four persons, alleging cognizable offences. The complainant moved an application un...

High Court

Bombay High Court Quashes Corruption Proceedings Against Structural Engineer on High Rise Committee — Not a 'Public Servant' Under Section 2(c)(viii) of Prevention of Corruption Act, 1988. Appointment as Expert Member on Government Committee Without Salary or Government Service Does Not Attract PC Act Definition.

12 Sep 2014

The applicant, Shailesh Ramanlal Mahimtura, a highly qualified structural engineer with three decades of experience, was appointed as a member of the ...

High Court

Bombay High Court Quashes Externment Order for Vagueness and Non-Application of Mind Under Section 56(1) Bombay Police Act, 1951. The court held that the externment order was invalid as the notice did not specify the nature of harmful activities and the authority failed to consider less drastic remedies.

11 May 2012

The petitioner, Shahid Mohammedali Bepari, challenged an externment order dated 11.4.2011 passed by the Sub Divisional Magistrate, Miraj, under Sectio...

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