Search Results for "Charge Defect"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Charge Defect"

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High Court

High Court of Judicature at Bombay Decides Two Notices of Motion in Property Trespass Suit Alleging Defective Verification and Improper Institution of Plaint. The Court Examines Whether Plaint Filed by Constituted Attorney Without Personal Knowledge and on Unstamped Power of Attorney Should Be Rejected Under Order VII Rule 11 CPC and Maharashtra Stamp Act.

6 Sep 2019

The suit was filed by Sheikhah Fedi ah Saad Al - Abdullah Al - Sabah against Sanjay Mishrimal Punamiya and others alleging trespass into suit premises...

High Court

High Court of Bombay Adjudicates Election Petition No. 1 of 2009 Concerning Rejection of Nomination Paper. The core issue is whether non-mention of the constituency in the nomination form constitutes a defect of substantial character under Sections 33(1) and 36(2)(b) of the Representation of the People Act, 1951.

23 Dec 2011

The petitioner filed his nomination for the Mumbai North Central Parliamentary Constituency on 9 April 2009. The Returning Officer accepted the nomina...

High Court

High Court of Bombay Dismisses Writ Petition of Railway Protection Force Inspector Challenging Dismissal Order for Alleged Misconduct. The Court holds that the disciplinary proceedings complied with Railway Protection Force Rules, 1987, and the acquittal in a parallel criminal case does not automatically invalidate the departmental findings due to differing standards of proof.

6 May 2022

The matter arose from a departmental enquiry against a Railway Protection Force Inspector who was charged with lack of supervision and failure to main...

High Court

Bombay High Court Quashes Amendment Order in Cheque Dishonour Case — Amendment After Cognizance and Process Not Permissible. Allowing amendment to introduce new facts after cognizance and issuance of process would cause prejudice to accused and is not allowed under Section 138 of Negotiable Instruments Act, 1881.

28 Apr 2023

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 20.04.2013 passed by th...

High Court

Bombay High Court Quashes Additional Charge Under Section 467 IPC Against Accused in CBI Case — No Prima Facie Evidence of Forgery for the Purpose of Cheating. The court held that a letter of credit is not a valuable security under Section 467 IPC and that the chargesheet lacked material to support the additional charge.

27 Feb 2024

The petitioners, Nikhil Girish Patt, Ilesh Shah, and Sooraj Kumar Tayade, were accused in a CBI case registered as RC No.02/E/2013-Mumbai under variou...

High Court

Bombay High Court Quashes Disqualification Proceedings Against Zilla Parishad Councillors for Alleged Defection — Whip Not Issued in Compliance with Maharashtra Local Authority Members' Disqualification Act, 1986. The court held that without a valid whip issued by the authorized person, councillors cannot be disqualified for voting against the party line in the election of the President.

20 Oct 2020

The petitioners, Mangal Kiran Waghmode and others, were elected councillors of Zilla Parishad, Solapur, in elections held on 21 February 2017. On 31 D...

High Court

Bombay High Court Dismisses Application Challenging Amendment in Cheque Dishonour Case. Amendment to Add Vicarious Liability Pleadings Under Section 138 of Negotiable Instruments Act, 1881 Held Permissible as It Does Not Change Nature of Complaint or Cause Prejudice.

28 Apr 2023

The case arises from a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 by the original complainant Syed Mazaruddin (since de...

High Court

High Court of Bombay Dismisses Arbitration Petition in Interest on Security Deposit Dispute. Contractual Bar on Interest and Non-Applicability of Section 31(7)(a) Arbitration Act Renders Claim Unsustainable; Arbitrator’s Finding on Evidence Upheld.

11 Aug 2014

The dispute arose from an agreement dated 30 December 1996 between the petitioner, M/s. Mascon Multiservices & Consultants Pvt. Ltd., and the responde...

High Court

Bombay High Court Dismisses Appeal Against Conviction for Rape of Tribal School Girl Under Section 376(2)(c) IPC. Teacher-cum-Rector Held Guilty of Offence Despite Discrepancies in Charge and Alleged Consent.

10 Dec 2010

The appeal before the Bombay High Court, Aurangabad Bench, arose from the conviction of Maltya Michara Gavit, a teacher-cum-rector of a Basic Ashram S...

High Court

Bombay High Court Allows Writ Petition Challenging Tribunal's Order in DMER Additional Charge Dispute — Acquiescence and Lack of Legal Right to Additional Charge. Restoration of Additional Charge to Petitioner Upheld as Respondent Failed to Challenge Initial Order for Over Two Years.

31 Jul 2024

The Bombay High Court, in a writ petition under Article 226 of the Constitution, considered the challenge to a judgment of the Maharashtra Administrat...

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