Search Results for "Magistrate Discretion"

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Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act. Search Conducted Without Informing Accused of Right to be Searched Before Gazetted Officer or Magistrate, Rendering Recovery Illegal.

The applicant, Dhanji Dubriya, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in connection with F...

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Bombay High Court Quashes Defamation Complaint Against Company Officials for Termination Letter Sent to Prospective Employer. Communication of termination to a prospective employer does not amount to publication to a third party under Section 500 IPC.

The applicants, who were employees of Future Generali India Life Insurance Company Limited, challenged an order dated 30/11/2017 passed by the Judicia...

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Bombay High Court Grants Default Bail to Activist in UAPA Case for Failure to File Charge Sheet Within 90 Days. The court held that the right to default bail under Section 167(2) CrPC is indefeasible and the period of house arrest cannot be excluded from the computation of the 90-day period.

The appellant, Gautam P. Navlakha, a 69-year-old scholar, writer, and civil rights activist, was arrested on 28/10/2018 in connection with FIR No. 4 o...

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Bombay High Court Allows Complainant in Dishonour of Cheque Cases, Holding That Territorial Jurisdiction Lies Where the Cheque Is Presented for Encashment Under Section 138 of the Negotiable Instruments Act, 1881. Cheques Payable at Par Confer Jurisdiction at the Drawee Bank Branch Where Presented.

The petitioner, Helcino Aleixo Fernandes, a businessman residing in Majorda, Goa, filed nine complaints under Section 138 of the Negotiable Instrument...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Cases Due to Lack of Proper Service of Notice. Failure to Prove Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881 Results in Quashing of Complaints.

The judgment pertains to multiple criminal applications filed under Section 482 of the Criminal Procedure Code, 1973, seeking quashing of complaints u...

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Bombay High Court Quashes Criminal Proceedings Against Teachers for Lack of Sanction Under Section 197 CrPC. Acts Alleged to be in Discharge of Official Duty Require Prior Sanction for Prosecution of Public Servants.

The judgment involves a batch of nine criminal applications filed by applicants (complainants) against non-applicant teachers and the State of Maharas...