Search Results for "Section 18-A"

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Search Results for "Section 18-A"

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Supreme Court

Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

3 Sep 2024

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

High Court

Bombay High Court Overrules Full Bench: Post-Poll Aghadi Under Section 63(2B) of Maharashtra Municipal Councils Act Attracts Full Disqualification Regime Under Maharashtra Local Authority Members' Disqualification Act, 1986. The court held that the legal fiction in the proviso equates post-poll Aghadi with pre-poll Aghadi for all purposes, including disqualification for defection, and not merely for representation in subject committees.

16 Jul 2024

The case involves a reference to a larger bench of the Bombay High Court to resolve a conflict regarding the interpretation of the second Proviso to S...

High Court

High Court of Karnataka Quashes Cognizance in SC/ST Act Case Due to Lack of Sanction Under Section 18A — Proceedings Initiated Without Mandatory Preliminary Inquiry Under Section 18A(2) of SC & ST (Prevention of Atrocities) Act, 1989 Are Void Ab Initio.

20 Dec 2023

The petitioner, Santosh S/o Mahaveer Mangasuli, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the ...

Supreme Court

Supreme Court Allows Bail to Accused in UAPA Case for Lack of Prima Facie Evidence of Involvement in Terrorist Activities. The court held that mere association with PFI, not listed as a terrorist organization, and allegations of tampering with evidence do not satisfy the prima facie true test under Section 43D(5) of UAPA.

10 Aug 2023

The appellant, a retired police constable, was arrested on 12th July 2022 and charged under Sections 121, 121A, 122 IPC and Sections 13, 18, 18A, 20 o...

High Court

Bombay High Court Dismisses Petitions Challenging FEMA Adjudication Orders for Lack of Jurisdiction and Limitation. Petitioners' challenge to show cause notices and adjudication orders under FEMA fails as writ petitions are not maintainable against mere show cause notices and are barred by delay and laches.

19 Nov 2022

The judgment pertains to two writ petitions filed under Article 226 of the Constitution of India challenging show cause notices and adjudication order...

High Court

Bombay High Court Allows Anticipatory Bail in SC/ST Act Case Where No Prima Facie Case Made Out. Bar under Sections 18 and 18A of SC/ST Act Not Attracted as Allegations Did Not Disclose Intent to Humiliate on Ground of Caste in Public View.

31 Jul 2020

The appellants, Papu Ashok Supekar, Umesh Nivrutti Kolhe, Ashok Sakharam Supekar, and Mrs. Lata Ashok Supekar, filed an appeal under Section 14-A(2) o...

Supreme Court

Supreme Court Directs High Court Registry to Number Anticipatory Bail Petition Despite SC/ST Act Bar — Registry Cannot Decide Maintainability as It Is a Judicial Function. The Court held that the administrative act of numbering cannot be refused on grounds of maintainability, which requires judicial application of mind, and directed the Madras High Court to number the petition and place it before an appropriate bench.

29 Mar 2019

The petitioner, P. Surendran, was arrayed as an accused in Crime No. 937 of 2017 registered at PS Pallikaranai, Kancheepuram District, Tamil Nadu, for...

High Court

Bombay High Court Allows Pre-Arrest Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Intent to Insult on Caste Basis. The court held that the incident arose from a monetary dispute and the alleged caste abuses were not in public view, thus no prima facie case under Section 3(1)(r)(s) of SC/ST Act.

26 Feb 2019

The appellant, Kiran Madhukar Ingle, filed a criminal appeal against the rejection of his pre-arrest bail application by the Sessions Court. The case ...

High Court

Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Intent to Insult on Caste Basis. The court held that the bar under Section 18 of the SC/ST Act does not apply when the allegations do not prima facie disclose an offence under Section 3(1)(r)(s) of the Act, as the alleged caste abuses were not made with intent to insult on caste grounds and not in public view.

26 Feb 2019

The appellant, Kiran Madhukar Ingle, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocit...

High Court

Bombay High Court Allows Challenge to Property Tax Demands on Mobile Towers in Part. Conservancy Tax, Penalty, and Shasti on Illegal Constructions Quashed as Invalid Under Maharashtra Municipal Corporations Act.

18 Apr 2017

The petitioners, Chennai Network Infrastructure Ltd. and another, carry on business of providing infrastructure services including installation and ma...

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