Search Results for "Magistrate's permission"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "Magistrate's permission"

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Supreme Court

Supreme Court Sets Aside High Court's Direction to Register FIR in Criminal Complaint. Remedy for Non-Registration Lies Before Magistrate Under Section 156(3) CrPC, Not Under Article 226.

20 Mar 2020

The Supreme Court allowed the appeal against the Madurai Bench of Madras High Court's order directing registration of an FIR based on a complaint. The...

High Court

High Court of Judicature at Bombay Quashes FIR and Criminal Proceedings Under IPC for Same Incident Without Magistrate's Permission After NCR Registration. Subsequent FIR Held Impermissible Under Section 155(2) CrPC When NCR Already Registered for Same Incident.

9 Jul 2026

The applicants, ten individuals accused of various IPC offences, filed a criminal application before the High Court of Judicature at Bombay, Circuit B...

High Court

Bombay High Court Quashes License Suspension for Lack of Jurisdiction Under Section 162 of Bombay Police Act, 1951 — Mere Pendency of Criminal Cases Not Ground for Suspension. License suspension order set aside as Deputy Commissioner lacked jurisdiction to invoke Rule 27 without breach of conditions or unfitness under Section 162.

14 Nov 2011

The petitioner, Mrs. Kalyani A. Shetty, who runs Hotel Anand Punjab, challenged the suspension of her license to keep a place of public entertainment....

High Court

Bombay High Court Quashes 'C' Summary Report in Forgery Case — Directs Further Investigation Under Section 173(8) CrPC. Court holds that acceptance of summary report without considering FIR allegations and without examining witnesses vitiates the order, and that the informant has locus standi to challenge such acceptance.

16 Jan 2020

The petitioner, Avneesh Harvansh Singh, is the first informant who lodged an FIR on 22 September 2015 against respondent nos.2 to 6, who are co-truste...

High Court

Bombay High Court Delivers Common Judgment in Multiple Applications Challenging Order Directing Investigation under Section 156(3) Cr.P.C. The Court Examined Whether Allegations of Illegal Encroachment and Official Regularization Orders Could Constitute Criminal Offences, Involving Issues of Civil Dispute and Protection of Public Servants.

26 Jun 2015

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High Court

Bombay High Court Quashes Non-Bailable Warrant Against Accused in MCOCA Case for Lack of Jurisdiction — Warrant Issued Without Proper Application of Mind and Without Considering That Accused Was Not Absconding. The Court held that issuance of warrant under Section 70 CrPC requires satisfaction that accused is absconding or will not obey summons, and the Special Court under MCOC Act cannot issue warrant mechanically.

22 Feb 2005

The petitioner, Prakash Rasiklal Dhariwal, filed a Criminal Writ Petition challenging the non-bailable warrant issued against his father, Rasiklal Dha...

High Court

High Court of Bombay at Goa Dismisses Revision Against Setting Aside of Section 133 CrPC Order — Dispute Over Right of Way and Nuisance Requires Civil Adjudication, Not Summary Criminal Proceedings. The court held that Section 133 CrPC is not intended to adjudicate disputed civil rights of way, and the proper remedy is a civil suit.

15 Apr 2015

The petitioner, Nitin Satish Naik, filed a complaint before the Executive Magistrate, Canacona, under Section 133 of the Code of Criminal Procedure, 1...

High Court

Bombay High Court Allows Writ Petition Against Unauthorised Parallel Cattle Bazar; Directs District Magistrate to Invoke Preventive Provisions of CrPC. Unlicensed Weekly Market Held in Contravention of Section 205, Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, and CEO Lacked Power to Prohibit, Hence District Magistrate Must Act Under Criminal Procedure Code, 1973, After Considering Distance Rule Under Markets and Fairs Act, 1862.

28 Oct 2014

The writ petition arose from a dispute over a cattle bazar that had been operating for over 100 years at Walki village, Tq. Hadgaon, Nanded district. ...

High Court

Bombay High Court Dismisses Petition Challenging Transmission Line Over Private Land, Upholds Validity of Section 164 of Electricity Act, 2003. The Court Held That the Provisions for Laying Electricity Lines Without Prior Consent Are Constitutional as They Provide for Hearing and Compensation.

3 Aug 2015

The petitioners, Jarnail Singh and Surinder Singh, are owners of land in Nagpur over which respondent No.1, Maharashtra State Electricity Transmission...

High Court

High Court of Karnataka Allows Income Tax Department's Appeal Against Acquittal in Section 276CC Case — Magistrate's Closure Order Set Aside for Non-Compliance with Mandatory Pre-Cognizance Notice Under Section 279(1) of Income Tax Act. The court held that the requirement of sanction under Section 279(1) is a condition precedent for taking cognizance, not for filing the complaint, and the Magistrate's closure order was premature.

19 Jul 2022

The Income Tax Department filed multiple criminal appeals against the order dated 03.04.2021 passed by the Magistrate of JMFC-III Court, Belagavi, rec...

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