Search Results for "Presidency Magistrate"

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Search Results for "Presidency Magistrate"

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Supreme Court

Supreme Court Examines Interplay Between Section 17A and Section 19 of Prevention of Corruption Act and Section 156(3) CrPC in Context of Prior Approval for Investigation Against Public Servants. The court framed questions of law regarding the necessity of prior approval under Section 17A PC Act even after a Magistrate's order under Section 156(3) CrPC, and the stage at which sanction under Section 19 PC Act is required in private complaints.

21 Apr 2025

The Supreme Court was hearing a petition arising from a complaint filed against a former Chief Minister of Karnataka alleging corruption under the Pre...

Supreme Court

Supreme Court Upholds Constitutional Validity of Section 6A of the Citizenship Act, 1955 in Assam Accord Challenge — Majority Holds Cut-off Date of 25.03.1971 for Regularisation of Immigrants Valid. The court held that the provision is a reasonable classification under Article 14 and does not violate Articles 6, 7, 29, 325, 326, 355, 356, or 368 of the Constitution.

17 Mar 2025

The Supreme Court, in a batch of petitions and appeals, considered the constitutional validity of Section 6A of the Citizenship Act, 1955, which was i...

Supreme Court

Supreme Court Upholds Section 498A IPC as Constitutionally Valid but Issues Guidelines to Prevent Misuse. The court held that the provision is not unconstitutional but requires safeguards against misuse through directions on arrest, investigation, and compounding of offences.

10 Mar 2025

The Supreme Court in this batch of writ petitions and appeals considered the constitutional validity of Section 498A of the Indian Penal Code, 1860, w...

High Court

Bombay High Court Quashes Discharge of Notary in Forgery Case — Prima Facie Evidence of Conspiracy to Cheat Widow by Forging Will of Comatose Father-in-Law. The court held that at the stage of framing of charge, only a prima facie case is required and strong suspicion of forgery of a will by a notary while the testator was in coma warrants framing of charges under Sections 420, 467, 471, 472 read with Section 34 and Section 120B of the Indian Penal Code, 1860.

6 Jun 2023

The petitioner, Smt. Seema Hitesh Khandelwal (informant), filed a criminal writ petition under Articles 226 and 227 of the Constitution of India chall...

Supreme Court

Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

22 Mar 2021

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

Supreme Court

Supreme Court Upholds Detention Orders Under COFEPOSA Act Despite Detenu in Custody — Subjective Satisfaction of Imminent Release Sufficient. The Court held that the Detaining Authority's awareness of custody and recording of likelihood of release and propensity to indulge in prejudicial activities is sufficient to pass a valid detention order.

22 Nov 2019

The case involves appeals by the Union of India and the detenu against the Delhi High Court's judgment quashing detention orders under the COFEPOSA Ac...

Supreme Court

Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

27 Feb 2019

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

High Court

Bombay High Court Allows Revision Against Setting Aside of Process in Defamation Case — Reinstates Complaint Under Section 500 IPC Against Advocate for Alleged Defamatory Statements in Legal Notice. Legal Notice Sent to Complainant and Others Constitutes Publication for Defamation; Prima Facie Case Exists.

13 Apr 2018

The revision applicant, Rajendra Kumar Shahani, was the original complainant in a criminal complaint alleging defamation under Section 500 IPC against...

High Court

High Court of Karnataka Dismisses Petition to Quash Proceedings in Non-Cognizable Offence Case — Rubber Stamp Permission by Magistrate Held Not Fatal Absent Prejudice. The court held that failure to pass a speaking order under Section 155(2) Cr.P.C. does not automatically vitiate proceedings if no prejudice is caused to the accused.

20 Mar 2015

The petitioner, Smt. Deepa Sridhar, the Principal of Shri Kumarans Children's Home, filed a criminal petition under Section 482 Cr.P.C. seeking to qua...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Retail Outlet Dealership Selection by Indian Oil Corporation — No Arbitrariness Found in Selection Process. Petitioner Failed to Establish Violation of Selection Criteria Under Article 226 of the Constitution of India.

9 Mar 2010

The petitioner, Anita Sidram Koli, filed a writ petition before the Bombay High Court seeking directions to respondent Nos. 2 to 4 (Indian Oil Corpora...

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