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Supreme Court Allows Appeal of BIS Employee in Sexual Harassment Case Due to Lack of Sanction for Prosecution. Sanction for prosecution under Section 197 CrPC is mandatory for public servants acting in official capacity; refusal of sanction by competent authority renders criminal proceedings invalid.

The present criminal appeal arises from an order of the High Court of Judicature at Allahabad, Lucknow Bench, which dismissed the appellant's petition...

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Bombay High Court at Goa Quashes Lokayukta Investigation in Tourism Contract Case for Lack of Jurisdiction. Lokayukta Cannot Investigate Matters Already Decided by Competent Authority Under Section 12 of the Goa Lokayukta Act, 2011.

The case involves three writ petitions filed by Bhumika Cleantech Services Pvt. Ltd., Manish R. Mohata, and Ram Cleansers & Developers Pvt. Ltd. chall...

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Bombay High Court Dismisses Petition Challenging Magistrate's Recall of Order Under Section 156(3) CrPC. Magistrate Has Inherent Power to Recall Administrative Order Directing Investigation When Passed Without Notice to Accused.

The petitioner, Dr. Deepak Kesari, filed a criminal writ petition challenging the orders of the Magistrate and the Additional Sessions Judge. The Magi...

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Bombay High Court Dismisses Petition Challenging Online Submission of Form F and Installation of Silent Observer under PC&PNDT Act. Court Holds that Online Submission and Silent Observer Are Valid Measures to Curb Female Foeticide and Do Not Violate Privacy.

The writ petition under Article 226 of the Constitution was filed by the Radiological & Imaging Association (State Chapter- Jalna) challenging two cir...

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Bombay High Court Quashes Food Adulteration Proceedings Due to Delayed Complaint Beyond Shelf Life of Sample. Prosecution Not Maintainable as Accused's Right to Reanalysis Under Section 13(2) of Prevention of Food Adulteration Act, 1954 Was Lost.

The High Court of Judicature at Bombay, Nagpur Bench, heard a batch of criminal applications filed by various accused persons—proprietors, partners,...

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Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Atrocity Case — Prima Facie Case Not Made Out. FIR under Sections 3(1)(3) and 3(1)(s) of SC/ST Act fails to disclose essential ingredients, hence bar under Section 18 not attracted.

The judgment pertains to two criminal appeals filed by the original accused in Crime No.03 of 2020 registered with Mahur Police Station, District Nand...

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Bombay High Court Allows Compounding of NI Act Offence Despite Complainant's Objection. Payment of Full Cheque Amount with Interest and Costs Entitles Accused to Compounding Under Section 147 of Negotiable Instruments Act, 1881.

The applicants, who were accused in a criminal complaint filed by the respondent-company under Section 138 of the Negotiable Instruments Act, 1881, ch...

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Bombay High Court Quashes Minister's Order Restoring Fair Price Shop Licence in Absence of Notice to Complainant. Revision Filed by Licencee Allowed Without Hearing Complainant Violates Principles of Natural Justice.

The petitioner, Shashikant Ghadge, along with other villagers, complained to the Tahsildar about mismanagement and irregularities by respondent No.5, ...