Search Results for "mandatory FIR"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "mandatory FIR"

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High Court

Bombay High Court Quashes Process in Dishonour of Cheque Cases Due to Lack of Proper Verification and Non-Compliance with Mandatory Requirements Under Section 138 of Negotiable Instruments Act, 1881. The court held that the Magistrate failed to record verification of the complainant and did not apply judicial mind before issuing process, rendering the proceedings illegal.

3 Oct 2019

The petitioner, Nazim Karim Mumbrawala, was the original accused in four complaints filed by respondent No.1, Keshava Prasad H. A., under Section 138 ...

High Court

Bombay High Court Allows Writ Petition: Suspension of City Engineer Deemed Ceased After Six Months Without Corporation Confirmation Under Section 56(1) Proviso (b) of Maharashtra Municipal Corporations Act. The Court held that the mandatory requirement of confirmation by the Corporation within six months was not complied with, rendering the suspension automatically lapsed.

28 Aug 2014

The petitioner, Mr. Subhash Baliram Savaskar, was appointed as City Engineer of Solapur Municipal Corporation (Respondent No.1) in 2001 under Section ...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

High Court

High Court of Bombay at Goa Acquits Accused in NDPS Case Due to Non-Compliance of Section 50 and Doubtful Chain of Custody. LSD Recovery Allegation Fails as Prosecution Could Not Establish That the Seized Substance Was the Same as That Tested by the Chemical Analyser.

14 Sep 2023

The appellant, Roque @ Rocky Fernandes, was convicted by the Additional Sessions Judge, North Goa, Mapusa in Special Criminal Case No.22/2015 for offe...

High Court

Bombay High Court Grants Bail to Accused in POCSO and Atrocities Act Case Due to Long Incarceration and Filing of Charge-Sheet. The court held that continued detention of the appellant for about 2 years and 9 months without trial was not justified, and granted bail under Section 439 CrPC read with Section 14-A of the SC/ST (Prevention of Atrocities) Act, 1989.

21 Jul 2023

The appellant, Kishor Shivdas Shinde, was the original accused in Sessions Case No.52 of 2020 pending before the Special Judge under the Atrocities Ac...

High Court

Bombay High Court Allows Appeal Against Ad-Interim Injunction on Ground of Want of Pecuniary Jurisdiction — Suit Valuation Dispute Under Section 6 of the Bombay Court Fees Act, 1959

24 Mar 2021

The case involves an appeal filed by Zuberahmed Maqbool Ansari (original Defendant No.2) against an ad-interim order dated 24.09.2020 passed by a lear...

High Court

Bombay High Court Quashes Criminal Proceedings Against Police Officer for Alleged Failure to Register POCSO Case — Mandatory Registration Under Section 19(2) POCSO Act Not Attracted as Information Was Not Received in Official Capacity. Court held that Section 19(2) POCSO Act and Section 4 Atrocities Act require information to be received in official capacity; mere presence at police station does not attract penal liability.

6 Mar 2019

The applicant, Sanjay Shirbhate, was a Police Inspector incharge of Maregaon Police Station, Yavatmal. On 11 March 2017, a 12-year-old girl was allege...

High Court

Madras High Court Adjudicated a Commercial Suit for Recovery of Chit Maturity Amount Against a Partnership Firm and Partners. The plaintiff claimed the maturity value based on an acknowledgment of liability and promissory estoppel, while the defendants raised a prior suit for injunction and accounts.

21 Jan 2025

The plaintiff, a construction company, filed a commercial suit against a partnership firm (first defendant) and its partners (defendants 2 to 6) for r...

High Court

Bombay High Court at Goa Quashes Corruption Case Against Customs Officers for Lack of Valid Sanction. Prosecution under Prevention of Corruption Act, 1988 and Indian Penal Code, 1860 fails as prior sanction under Section 197 CrPC and Section 19 of PC Act was mandatory for acts done in discharge of official duty.

29 Aug 2012

The petitioners, nine customs officers, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 and Article 226 of the Constitution...

High Court

Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Section 50 and Other Mandatory Provisions. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

1 Apr 2019

The appellants, Raju Dhanju Rathod and Ramesh Liganna Mudraj, were convicted by the Special Court for NDPS, Bombay, for offences under Section 20(c) r...

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