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High Court of Karnataka Quashes Criminal Proceedings in Mining Offences Under MMDR Act and IPC. Prosecution Under MMDR Act Requires Complaint by Authorized Officer; Police FIR Without Authority is Illegal.

The High Court of Karnataka at Dharwad dealt with a batch of criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 seekin...

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High Court of Gujarat Examines Whether Reopening of Assessments Under Section 148 Based on Search Material is Permissible Without Invoking Section 153C. Core Legal Question Involves Overriding Effect of Search-Related Special Provisions Over General Reassessment Provisions Under the Income-tax Act, 1961.

The group of Special Civil Applications filed before the High Court of Gujarat challenged the notices issued under Section 148 of the Income-tax Act, ...

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Karnataka High Court Dismisses Bail Petitions and Refers Questions on POCSO Act to Division Bench. Single Judge observes conflicting views on Section 35 compliance and refers issues regarding default bail and evidence recording under Section 164 Cr.P.C., doubting Vinay v. State of Karnataka.

The case involved two criminal petitions filed before the Karnataka High Court by the accused, Hanumantha Mogaveera, seeking bail under Section 439 of...

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Bombay High Court Allows Anticipatory Bail Application in POCSO and Atrocities Act Case - Section 42-A POCSO Act Prevails Over Section 14-A Atrocities Act, Making Section 438 CrPC Maintainable.

The case involved an anticipatory bail application under Section 438 CrPC by Aniket Labade, accused of offences under IPC, POCSO Act, and SC/ST Act. T...

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KAHC010100302020_1

The petitioners, a group of renewable energy companies, filed multiple writ petitions under Articles 226 and 227 of the Constitution of India before t...

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High Court of Bombay Dismisses Appeal Against CLB Order Refusing Transfer of Company Petition. Chairman's Quasi-Judicial Order Held Amenable to Section 10F but Lacks Power to Transfer Part-Heard Matter or Constitute Special Bench.

The appeal arose from an order of the Chairman, Company Law Board (CLB) rejecting an application to transfer a partly-heard company petition from the ...