Search Results for "Magistrate's permission"

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Search Results for "Magistrate's permission"

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High Court

Bombay High Court Allows Public Meeting Without Rally in Writ Petition Challenging Refusal of Permission for Vishal Maharally. Court directs respondents to consider fresh application for public meeting within 24 hours, without expressing opinion on refusal of rally permission.

4 Oct 2022

The petitioners, Bharat Mukti Morcha (a social organization) and its member Anil Nagare, sought to hold a 'Vishal Maharally' (giant rally) of persons ...

High Court

High Court of Bombay at Goa Allows Accused's Petition for Cross-Examination in NI Act Case — Rejection of Section 145(2) Application Set Aside. The Court held that once the accused discloses specific defence in an application under Section 145(2) of the Negotiable Instruments Act, 1881, the Magistrate must allow the application and grant an opportunity for cross-examination.

26 Feb 2024

The Petitioner, Narayan Shivdas Kadam, was an accused in a complaint filed by M/S Shriram Transport Finance Co. Ltd. under Section 138 of the Negotiab...

High Court

Bombay High Court Allows Accused's Application in Cheque Dishonour Case — Complaint Filed at Place Where Cheque Presented for Encashment Not Maintainable. Jurisdiction for Offence Under Section 138 of Negotiable Instruments Act, 1881 Lies Only with Court Having Territorial Jurisdiction Over Drawee Bank Branch Where Payee Maintains Account.

4 Sep 2006

The applicant, Ahuja Nandkishore Dongre, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, challenging the order...

High Court

Bombay High Court Quashes FIR Against Police Officer in SC/ST Act Case for Lack of Sanction Under Section 197 CrPC. Court Held That Acts Alleged Were in Discharge of Official Duty, Making Sanction Mandatory Before Investigation.

2 Jul 2013

The State of Maharashtra filed a criminal application before the Bombay High Court, Nagpur Bench, challenging an order passed by the Judicial Magistra...

High Court

High Court Allows Appeal in NI Act Case: Power of Attorney Holder Can Tender Evidence Without Leave Under Section 302 CrPC. The acquittal of the accused under Section 138 Negotiable Instruments Act was set aside as the trial court erred in holding that the Power of Attorney holder of the complainant company needed permission under Section 302 CrPC to tender evidence.

9 Sep 2014

The appellant, M/s. Alhind Tours and Travels Private Limited, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, ag...

High Court

High Court Quashes Criminal Proceedings in Non-Cognizable Offence Case — Police Lacked Jurisdiction to Investigate Without Magistrate's Order. The court held that investigation of non-cognizable offences under Sections 504 and 506 IPC without prior permission under Section 155(2) Cr.P.C. is without jurisdiction and proceedings are liable to be quashed.

4 Apr 2014

The petitioner, Ravikumar S/o Bhimsen Kase, filed a criminal petition under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.100/2011 ...

Supreme Court

Supreme Court Examines Whether Magistrate Properly Exercised Discretion Under Section 202 CrPC Instead of Ordering Investigation Under Section 156(3) CrPC. Appeal Challenges High Court's Refusal to Interfere with Magistrate's Order in Forgery and Cheating Case.

1 Jan 1970

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High Court

Bombay High Court at Goa Quashes Fraudulent Birth Certificate Issued Under Executive Magistrate's Order — Circular Dated 10.5.1974 Held Invalid for Lack of Publication. Executive Magistrate's Power Under Section 13(3) of Registration of Births and Deaths Act, 1969 Cannot Be Delegated to Registrar Without Proper Notification.

14 Oct 2014

The petitioners, Jayraj Nagesh Naik and Manoj Nagesh Naik, filed a writ petition challenging the orders dated 9.12.1980 and 13.1.2014 passed by the Ex...

High Court

Bombay High Court Examines Legality of Show Cause Notice Under Section 111 and Order Under Section 107 of CrPC; Cyclostyled Order and Forced Bond Execution Indicate Non-Compliance with Mandatory Procedure. Preventive Proceeding Under Sections 107/111 CrPC Initiated by Special Executive Magistrate Found Procedurally Defective.

27 Oct 2005

The criminal writ petition was filed under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, cha...

High Court

Bombay High Court Allows Additional Affidavit in Cheque Dishonour Case — Rejects Hyper-Technical Approach. The court held that when documents are already permitted to be produced, an application to file an additional affidavit to prove them should be allowed to ensure a fair trial under Section 138 of the Negotiable Instruments Act, 1881.

7 Apr 2010

The petitioner, M/s. Jagdale Mirch Masala Products (India), filed a criminal writ petition challenging an order of the Judicial Magistrate First Class...

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