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Supreme Court Upholds Acquittal in Kidnapping Case Due to Absence of Formal Charge and Distinct Offence Nature. Conviction Under Section 364 IPC Without Framing Charge Violates Fair Trial Norms as It Is Not a Minor Offence Compared to Section 302 IPC Under Section 222 Cr.P.C.

The State of Uttar Pradesh appealed against the High Court's judgment acquitting Ram Swaroop, who had been convicted by the trial court under Section ...

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Karnataka High Court Dharwad Bench Hears Revenue Appeal Against ITAT Order Deleting Penalty Under Section 271(1)(c) for Assessment Year 2006-07 Due to Defective Notice; Questions Validity of Penalty Initiation Despite Retrospective Amendment to Section 271(1B)

The appeal before the High Court of Karnataka, Dharwad Bench, arose from the order of the Income Tax Appellate Tribunal, Bengaluru, which had allowed ...

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High Court of Karnataka Adjudicates Combined Revision and Writ Petitions Involving Abetment Charge Under IPC and PC Act. Issue of Abetment Surviving Abatement of Principal Offence Arises from Disproportionate Assets Case Against Deceased Public Servant and His Wife.

The matter arose from a disproportionate assets case against a public servant and his wife, accused of criminal misconduct and abetment. The CBI regis...

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Bombay High Court Quashes Second Prosecution in Gutkha Case on Principle of Autrefois Acquit — Section 300 CrPC Bars Retrial for Same Incident. Acquittal in First Trial for IPC and FSS Act Offences Arising from Same Transaction Precludes Second Trial.

The petitioner, Sachin Shantilal Bhansali, ran a Pan Center in Malkapur, Buldhana. On 27/01/2014, a Food Safety Officer lodged a complaint alleging th...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Material to Show Public Order Threat. The court held that mere criminal antecedents without evidence of public disturbance do not justify preventive detention under Section 3(1) of the MPDA Act.

The petitioner, Nikki @ Kawa s/o Suresh Khare, challenged an order of detention passed by the Commissioner of Police, Nagpur City on 29 January 2018 u...

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Bombay High Court Dismisses Revision Against Rejection of Election Petition Rejection Application — Material Particulars Sufficiently Disclosed. Order 7 Rule 11 CPC Rejection Not Warranted When Election Petition Contains Necessary Allegations of Non-Disclosure in Nomination Form.

The case involves a Civil Revision Application filed by Ashok Rajaram Raul (the applicant) against an order dated 5 December 2017 passed by the 6th Jo...

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Bombay High Court Quashes Criminal Proceedings Against Teachers for Lack of Sanction Under Section 197 CrPC. Acts Alleged to be in Discharge of Official Duty Require Prior Sanction for Prosecution of Public Servants.

The judgment involves a batch of nine criminal applications filed by applicants (complainants) against non-applicant teachers and the State of Maharas...