Search Results for "Article 363"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Article 363"

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High Court

Bombay High Court Quashes PMLA Proceedings Against Accused in Seva Bank Loan Fraud Case — Lack of Scheduled Offence and Non-Application of Mind in ECIR Registration. The court held that the ECIR was registered solely on the basis of FIR No.163/2018 involving Section 420 IPC, but the subsequent FIRs (525/2021, 526/2021, 527/2021) which included other scheduled offences were not considered, and the proceeds of crime were not properly identified, rendering the PMLA proceedings unsustainable.

29 Aug 2024

The judgment concerns multiple writ petitions filed by individuals accused in connection with alleged loan fraud involving Seva Vikas Co-operative Ban...

High Court

Bombay High Court Acquits Appellant in POCSO Case Due to Unproven Age and Consensual Relationship. Conviction under Sections 363, 366A, 376(2)(n) IPC and Sections 4, 6 POCSO Act set aside as prosecution failed to establish victim's minority and evidence showed consent.

16 Oct 2023

The appellant, Omkar Dattatraya Dangat, was convicted by the Special Court under Sections 363, 366A, 376(2)(n) of the Indian Penal Code read with Sect...

Supreme Court

Supreme Court Upholds Conviction and Death Sentence in Child Rape and Murder Case Based on Circumstantial Evidence. Circumstantial evidence including last seen together, disclosure statements, and injuries formed a complete chain under IPC and POCSO Act, with death penalty justified for heinous gang rape and murder.

18 Jan 2022

The Supreme Court dealt with appeals against the High Court of Madhya Pradesh's judgment upholding the conviction and death sentence of the appellant ...

Supreme Court

Supreme Court Sets Aside High Court's Acquittal Under POCSO Act, Restores Conviction for Sexual Assault Without Skin-to-Skin Contact Requirement. The Court held that 'sexual assault' under Section 7 of the Protection of Children from Sexual Offences Act, 2012, does not require direct skin-to-skin contact; physical contact with sexual intent suffices, overturning the High Court's narrow interpretation.

18 Nov 2021

The Supreme Court of India adjudicated multiple criminal appeals arising from judgments of the Bombay High Court, Nagpur Bench, concerning interpretat...

High Court

High Court of Bombay at Aurangabad Allows Complainant's Petition in Negotiable Instruments Act Case — Reinstates Magistrate's Order for Examination of Complainant's Witness. The court held that the revisional court exceeded its jurisdiction by interfering with the magistrate's discretion to recall a witness under Section 311 CrPC without proper justification.

11 Dec 2019

The petitioner, original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged the judgment of the Addition...

Supreme Court

Supreme Court Dismisses Appeal of Distribution Licensee in Standby Charges Dispute with Another Licensee — Standby Charges Fixed by Government Order and Principles of Agreement Held Binding. The court upheld the Appellate Tribunal's order that TPC could not recover standby charges beyond Rs.3.5 crores per month from BSES/REL for the 275 MVA facility, as per the Government of Maharashtra's order dated 19.1.1998 and the Principles of Agreement dated 30.1.1998.

2 May 2019

The case involves a dispute between Tata Power Company Ltd. (TPC), a distribution licensee supplying electricity to the entire city of Mumbai, and Ada...

High Court

Bombay High Court Dismisses Election Petition Challenging Acceptance of Nomination of Government Servant Candidate. Returning Officer's Decision to Accept Nomination Upheld as Petitioner Failed to Prove Candidate Was Disqualified Under Section 9 of Representation of the People Act, 1951.

19 Jan 2017

The petitioner, Narayan Dinbaji Jambhule, filed an election petition under Section 81 of the Representation of the People Act, 1951, challenging the d...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Restoration of Possession Without Specific Prayer. Court Holds That a Suit for Mandatory Injunction Cannot Be Construed as a Prayer for Restoration of Possession Under Specific Relief Act, 1963.

17 Oct 2011

The case involves a second appeal arising from a property dispute. The respondents (original plaintiffs) filed Regular Civil Suit No.521/1986 before t...

High Court

Bombay High Court Quashes FIR in SC/ST Act Case Due to Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

3 Oct 2006

The petitioners, Bapu Ladkat, Suresh Supekar, and Devidas Bhople, filed a criminal writ petition under Article 226 of the Constitution and Section 482...

High Court

Bombay High Court Dismisses Tenant's Petition Challenging Eviction Orders for Unauthorized Demolition and Reconstruction of Suit Premises. Tenant's Act of Demolishing Entire Structure and Erecting New Construction Without Landlord's Consent Constitutes Material Alteration and Forfeiture of Tenancy Under Transfer of Property Act, 1882.

18 Aug 2006

The petitioner, a tenant, was inducted into a suit premises comprising a room (14' x 14') with two tin sheet walls and a tin shed (9' x 9') at a month...

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