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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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KAHC010028192013_1

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Bombay High Court Allows Writ Petition Challenging Appointment of Administrator Under Section 77A of MCS Act — Holds That Section 77A(1-b) Notice Must Precede Appointment and That Administrator Cannot Be Appointed Without Giving Society an Opportunity to Explain

The Petitioner, Jayprakash Sahakari Griha Rachana Sanstha, a co-operative housing society registered under the Maharashtra Co-operative Societies Act,...

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Bombay High Court Allows Appeal Against Tribunal's Stay Order in Cenvat Credit Dispute. Tribunal's Detailed Findings at Stay Stage Prejudge the Appeal and Are Impermissible.

The appellant, CEAT Limited, filed an appeal before the Bombay High Court challenging an order dated 12th June 2014 passed by the Customs, Excise and ...

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High Court of Karnataka Dismisses Petition Challenging Election Notification for Milk Producer Co-operative Society. Allegations of Procedural Irregularities Found Without Merit Under Articles 226 and 227 of the Constitution of India.

The petitioners, Shivalli Milk Producer Co-operative Society and its directors, filed a writ petition under Articles 226 and 227 of the Constitution o...

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Supreme Court Quashes Dismissal Order of Police Officer for Violation of Article 311(2) Safeguards - Dismissal Without Departmental Inquiry Held Illegal as Reasons for Dispensing with Inquiry Were Insufficient and Not Supported by Concrete Evidence.

The appeal arose from the dismissal of a police officer from service without conducting a departmental inquiry, invoking clause (b) of the second prov...

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Bombay High Court Quashes FIR Against Petitioners in Food Adulteration Case — No Offence Made Out Under Food Safety and Standards Act, 2006. Sale of 'Mint' and 'Saunf' Products Not Prohibited Under Section 26(2)(i) of FSS Act, 2006 as They Are Not 'Food' as Defined.

The petitioners, Anand Ramdhani Chaurasia and Vijay Banarasi Chaurasia, were engaged in the business of selling 'Mint' and 'Saunf' products. On 12th J...