Search Results for "Executive Magistrate jurisdiction"

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Gujarat High Court Dismisses Petition Seeking Police Action and Reference for Contempt in Lalita Kumari Compliance Case. Court holds that petitioner failed to demonstrate any violation of directions in Lalita Kumari v. State of U.P. and that the Chief Judicial Magistrate's order was not perverse.

The petitioner, Vishwas Sudhanshu Bhamburkar, filed a Special Criminal Application under Articles 226 and 227 of the Constitution of India read with S...

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Supreme Court Lays Down Pan-India Guidelines Against Demolition of Properties of Accused Without Due Process. Executive Cannot Use Demolition as Punishment for Crime; Right to Shelter Protected Under Article 21.

This batch of writ petitions under Article 32 of the Constitution of India raised a grievance that residential and commercial properties of persons ac...

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Supreme Court Quashes Criminal Proceedings in Cheating Case Due to Purely Civil Nature of Dispute — Non-Payment of Dues Does Not Attract Criminal Breach of Trust Under Section 406 IPC.

The Supreme Court allowed the appeal filed by Delhi Race Club (1940) Ltd. and its office bearers against the order of the Allahabad High Court which h...

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Supreme Court Refers Default Bail Computation Issue to Larger Bench Due to Conflicting Precedents. The Court Examines Whether Date of Remand is Included or Excluded in Calculating 60/90-Day Period Under Section 167(2) of Code of Criminal Procedure, 1973 for Entitlement to Default Bail.

The Supreme Court addressed a reference concerning the computation of the remand period for default bail under Section 167(2) of the Code of Criminal ...

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Supreme Court Quashes Criminal Complaint Under Section 138 NI Act for Cheque Issued as Security — Endorsement on Cheque and Plaint Admission Confirm Security Purpose, No Legally Enforceable Debt Exists

The Supreme Court allowed the appeals filed by the Directors and Managing Director of R.L. Steels & Energy Limited, quashing the criminal complaint un...

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Supreme Court Allows Accused's Appeal for Cloned Copy of Memory Card in Rape Case — Right to Fair Trial Prevails Over Victim's Privacy. Electronic Record Held to be 'Document' Under Evidence Act and IPC, Entitling Accused to Copy Under Section 207 CrPC.

The appellant, P. Gopalkrishnan @ Dileep, was arrayed as accused No. 8 in a case registered under various sections of the Indian Penal Code, 1860 and ...

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Bombay High Court Quashes Notice Under Section 111 CrPC for Non-Application of Mind and Vague Allegations — Use of Printed Proforma Without Recording Reasons Renders Notice Invalid

The petitioner, Ruben Franco, challenged a notice dated 6/01/2017 issued under Section 111 of the Code of Criminal Procedure, 1973 by the Deputy Colle...

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Bombay High Court Clarifies Magistrate's Power to Grant Bail in Sessions Triable Cases Under Section 437 CrPC. The court held that a Judicial Magistrate can grant bail in offences exclusively triable by the Sessions Court, subject to the limitations under the proviso to Section 437(1) CrPC.

The petitioner, Sanjay Narhar Malshe, filed a Criminal Writ Petition before the Bombay High Court challenging an FIR registered against him. However, ...