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High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 52A and Delay in Trial. The court held that failure to comply with mandatory provisions of Section 52A of NDPS Act and prolonged incarceration without trial justified bail despite Section 37 restrictions.

The petitioner, Shivaraj Urs, was the second accused in a case registered by the Narcotics Control Bureau (NCB) under the Narcotic Drugs and Psychotro...

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Supreme Court Upholds Default Bail Under Section 167(2) CrPC Despite Subsequent Filing of Chargesheet. Indefeasible Right Accrues on Expiry of Statutory Period and Filing of Bail Application Before Chargesheet.

The appellant, M. Ravindran, was arrested and remanded to judicial custody on 04.08.2018 for offences under the NDPS Act. Under Section 36A(4) of the ...

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Bombay High Court Dismisses Petition Challenging Dismissal of Complaint Under Section 156(3) CrPC. Concurrent Findings of Courts Below Upheld as Complaint Did Not Disclose Prima Facie Case.

The petitioner, a partnership firm engaged in real estate, filed a criminal complaint under Section 156(3) of the Code of Criminal Procedure, 1973 aga...

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Bombay High Court Dismisses Petition Challenging Dismissal of Complaint Under Section 156(3) CrPC — Dispute Civil in Nature. Agreement for Sale Not Registered, Power of Attorney Revoked, No Criminal Intent Made Out.

The petitioner, a partnership firm engaged in real estate, filed a criminal complaint under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr...

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High Court declined to quash FIR in Land Fraud Case Under Bharatiya Nyaya Sanhita, 2023 though Civil Nature of Dispute and Complaint by Power of Attorney Holder is sustained

The petitioner, accused No. 8 in a land fraud case, sought quashing of FIR registered under various sections of Bharatiya Nyaya Sanhita, 2023 (BNS) fo...

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High Court of Karnataka Quashes FIR in Cheque Dishonour Case Due to Lack of Territorial Jurisdiction. The court held that the offence under Section 138 NI Act is committed at the place of dishonour and service of notice, which was Delhi, not Bangalore.

The petitioners, Sri Devidas Garg, Smt. Amita Garg, and Sri Santhosh Kumar Garg, filed two criminal petitions under Section 482 of the Code of Crimina...

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High Court of Bombay Hears Petition of Accused Partner Seeking Quashing of Process Under Section 138 of Negotiable Instruments Act, 1881. Partner Argues Absence of Specific Allegations of Role in Firm's Affairs Precludes Vicarious Liability Under Section 141 of the Act.

The matter involved petitions filed by original accused No.4, a partner of a firm, seeking quashing of the order issuing process against him in compla...