Search Results for "proportionate sentence"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "proportionate sentence"

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High Court

High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Reverses Acquittal for Non-Examination of Complainant's Witness. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused; trial court erred in acquitting solely due to non-examination of complainant's power of attorney holder.

31 Jan 2019

The appellant, M/s. Ajmera Housing Corporation, a partnership firm, filed a complaint under Section 200 of the Code of Criminal Procedure, 1973 agains...

High Court

High Court of Karnataka Dismisses Revision Petition in Rash Driving Death Case — Conviction Under Section 304A IPC Upheld. Evidence of Eye-Witnesses and Medical Reports Establish Negligence Beyond Reasonable Doubt.

11 Jun 2018

The case arises from a criminal revision petition filed by the accused, Moulasab, challenging his conviction and sentence by the JMFC-I, Hubli in CC N...

High Court

Bombay High Court Dismisses Student's Challenge to Expulsion for Sexual Harassment — Procedural Defects Cured by Appeal Process. Expulsion Upheld as Proportionate Under UGC Regulations 2015 for Repeated Misconduct Despite Humanitarian Considerations.

10 Oct 2024

The petitioner, a student of Maharashtra National Law University (MNLU), was expelled after an Internal Complaints Committee (ICC) found him guilty of...

High Court

Bombay High Court Dismisses Criminal Contempt Petition Against Advocate for Alleged Misconduct in Execution Proceedings — No Prima Facie Case of Contempt Made Out. Court Held That Filing of Applications and Alleged Misstatements by Advocate Did Not Constitute Willful Disobedience or Scandalizing the Court Under the Contempt of Courts Act, 1971.

24 Sep 2018

The present reference was made by Miss Huma A. Ansari, the then 3rd Joint Civil Judge Junior Division and J.M.F.C., Aurangabad (the Presiding Officer)...

High Court

Bombay High Court Adjudicates Dual Proceedings on Cooperative Housing Society Dispute Over Change of User and Structural Alterations. The Court Examines Legality of Converting Residential Flats to Nursing Home and Making Additions Without Consent Under Maharashtra Ownership Flats Act, 1963.

5 May 2006

The matter involved two consolidated proceedings: a writ petition under Article 227 of the Constitution of India challenging an order of the Maharasht...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. The court held that the Trial Court erred in acquitting the accused despite the presumption of legally enforceable debt under Section 139 of the Negotiable Instruments Act, 1881, as the accused failed to rebut the presumption.

14 Jan 2010

The appeal arises from the judgment and order of acquittal passed by the J.M.F.C., Mapusa, Goa, in OA case No.625/2007/F, acquitting the respondent/ac...

High Court

Bombay High Court Upholds Conviction of Oncologist for Rash Act Causing Grievous Hurt in Cancer Surgery. Doctor's failure to examine patient before abandoning operation and causing prolonged hospitalization amounts to rash act under Section 338 read with Section 109 IPC.

15 Oct 2012

The case involves a criminal revision application filed by Dr. P.B. Desai, the original accused no.1, challenging his conviction under Section 338 rea...

High Court

High Court of Karnataka Quashes Private Complaint Against MLA in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988 Renders Proceedings Invalid. The court held that sanction for prosecution is mandatory for public servants and failure to obtain it vitiates the complaint.

14 Oct 2014

The petitioner, M. Srinivas, a Member of the Legislative Assembly (MLA) of Karnataka, filed a petition under Section 482 of the Code of Criminal Proce...

High Court

High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 NI Act Upheld. Presumption of Legally Enforceable Debt Under Sections 118 and 139 NI Act Not Rebutted by Accused.

11 Jun 2021

The present criminal revision petition was filed by the accused-petitioner, Sri R. Rajappa, challenging the judgment of conviction and order on senten...

High Court

Bombay High Court Quashes Deemed Conveyance Order in Co-operative Housing Society Dispute — Lack of Notice to Original Landowner Violates Principles of Natural Justice. Deemed Conveyance under Section 11 of MOFA cannot be granted without affording opportunity of hearing to the developer who is not a member of the society.

4 Oct 2023

The petitioners, M/s. K.G. Associates (developer) and its partner, challenged an order dated 17 March 2020 passed by the Deputy Registrar of Co-operat...

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