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Bombay High Court Quashes Criminal Proceedings Against Police Officer in Private Complaint for Assault — Lack of Sanction Under Section 197 CrPC Renders Prosecution Invalid. Proceedings under Sections 326, 504, 506(II) and 34 IPC quashed as mandatory sanction for public servant not obtained.

The applicant, Manoj Prabhakar Lohar, an Additional Deputy Commissioner of Police in the State Intelligence Department, Mumbai, filed an application u...

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Bombay High Court Quashes Preventive Detention Order in COFEPOSA Case for Non-Application of Mind. Detenu in judicial custody; detaining authority failed to consider less restrictive alternatives under ordinary law, rendering detention order invalid.

The petitioner, Mahesh V. Amesur, cousin of Jeetu Shankarlal Chhapru, filed a writ of habeas corpus under Article 226 of the Constitution challenging ...

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Bombay High Court Upholds Life Imprisonment for Murder Based on Eyewitness Testimony and Extra-Judicial Confession. Conviction under Section 302 IPC for axe murder confirmed as evidence of eyewitness and appellant's surrender with blood-stained axe found credible.

The appellant, Omprakash Gayaram Nirmalkar, was convicted by the Additional Sessions Judge, Nagpur in Sessions Trial No. 99 of 2012 for the murder of ...

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Bombay High Court Dismisses Revision Against Refusal to Drop Witnesses and Array Them as Accused in Sohrabuddin Fake Encounter Case. Court Holds That Power Under Section 319 CrPC Is Discretionary and Cannot Be Invoked by an Accused at Trial Stage Without Evidence.

The applicant, a senior IPS officer and accused No. 2 in the Sohrabuddin fake encounter case, filed a criminal revision challenging the Sessions Court...

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High Court of Karnataka Quashes NDPS Proceedings Against Petitioner for Lack of Evidence of Conscious Possession and Commercial Quantity. Court holds that mere presence in a vehicle with contraband does not constitute possession under Section 20(b)(ii)(A) of NDPS Act without proof of knowledge and control.

The petitioner, Mr. Kalam Narendra, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of...

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High Court of Karnataka Quashes Service Tax Demand on Payment Aggregator Services for FY 2015-16. Services Provided by FIS Payment Solutions to Acquiring Banks for Settlement of Card Transactions Held Not Taxable as 'Business Auxiliary Service' Under Finance Act, 1994.

The petitioner, FIS Payment Solutions and Services India Private Limited, a company incorporated under the Companies Act, 1956, provides payment aggre...

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Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...