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High Court of Karnataka Grants Bail to Accused in Murder Case Under KCOCA — Prima Facie Case Not Made Out Against Petitioners. Court Held That Mere Presence at Scene or Association with Co-Accused Without Active Participation Does Not Attract Offences Under Karnataka Control of Organised Crime Act, 2000.

The judgment pertains to three criminal petitions filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in connection ...

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Bombay High Court Disposes Writ Petitions by Police Officers Challenging Investigation Order Under Section 156(3) CrPC. Court Considers Whether Judicial Magistrate First Class Could Direct Investigation Without Application of Mind.

The High Court of Judicature at Bombay heard two writ petitions filed by police officers challenging an order of the Judicial Magistrate First Class, ...

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Bombay High Court Grants Bail to IRS Officer in PMLA Case Due to Unsigned Predicate FIR and Lack of Chargesheet. The court held that an unsigned FIR in the predicate offence vitiates the ECIR and arrest, and continued detention without trial violates Article 21.

The applicant, Sachin Balasaheb Sawant, an IRS officer, was arrested on 27 June 2023 by the Enforcement Directorate (ED) in connection with ECIR No. E...

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Bombay High Court Grants Bail to Accused in Attempt to Murder Case Due to Lack of Prima Facie Evidence and Delay in Filing FIR. Court Held That Absence of Grievous Injuries and Delay in FIR Weakened Prosecution Case Under Sections 140(2), 308(7), 3(5) of Bharatiya Nyaya Sanhita, 2023.

The applicants, Ankush Singh and Jatin Patel, filed a bail application under the Bharatiya Nyaya Sanhita, 2023, in connection with FIR No. 0039 of 202...

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High Court of Bombay Dismisses Insolvency Petition Against Debtor for Non-Compliance with Notice of Motion Requirement Under Presidency Towns Insolvency Act, 1909 — Petition Filed Within Three Months of Act of Insolvency but Notice of Motion Not Disposed of Before Petition Filing.

The Petitioning Creditor, M/s Sanskar Gem Pvt. Ltd., filed an insolvency petition under the Presidency Towns Insolvency Act, 1909, seeking an order of...

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Bombay High Court Quashes Subsequent FIR in Land Dispute — Abuse of Process Under Section 482 CrPC. Second FIR on identical allegations as earlier FIR quashed as not maintainable.

The applicant, Mohammad Hisham Osmani, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing ...

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High Court of Karnataka Allows State's Revision Petitions Against Order Allowing Discharge Under Section 19 of Prevention of Corruption Act, 1988. Court Holds That Sanction for Prosecution Is Not Required at the Stage of Taking Cognizance Under Section 19 of the PC Act.

The State of Karnataka, through the Anti Corruption Bureau, Udupi District, filed two criminal revision petitions under Sections 397 and 401 of the Co...

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Bombay High Court Quashes Acquisition Order Under MHADA Act Due to Non-Compliance and Delay. Land Acquisition Proposal Sanctioned in 2006 Set Aside as Authority Failed to Complete Acquisition Within Reasonable Period, Rendering the Order Unenforceable.

The petitioners, H.I.M.S. Botawala Charities (a public charitable trust) and another, filed a writ petition under Article 226 of the Constitution of I...