Search Results for "penal consequences"

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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...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "penal consequences"

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High Court

High Court of Judicature at Bombay Hears Criminal Appeal Against Rejection of Bail in POTA Serial Bomb Blasts Case. The Court Examines the Interpretation of Section 49(6) and (7) POTA and Applicability of Bail Restrictions After One Year of Detention.

24 Feb 2006

The appeal arose from the rejection of bail by the Special Judge under the Prevention of Terrorism Act, 2002 (POTA) in connection with three serial bo...

High Court

High Court of Judicature at Bombay, Nagpur Bench, Allows Appeals of Accused in Part in a Case of Murder and Criminal Conspiracy — Conviction under Section 120-B of the Indian Penal Code, 1860, Set Aside Due to Lack of Evidence of Agreement. Mere Political Rivalry and an Alleged Threat Issued Days Before the Incident Did Not Qualify as Criminal Conspiracy Under Section 120-B; Prosecution Failed to Prove an Agreement Between Accused to Commit Murder.

7 May 2012

The case arose from a murder that occurred on 3 June 2007, when Prashant Dube was assaulted by several persons armed with swords and a gun. He succumb...

Supreme Court

Supreme Court Upholds Life Imprisonment for Murder in Land Dispute Case — Conviction Under Section 302 IPC Confirmed as Right of Private Defence Not Established. The Court held that the plea of private defence and provocation failed as the deceased's act of questioning the blocking of a pathway did not justify the fatal assault with choppers and stones.

10 Apr 2024

The present appeal arises from a judgment of the High Court of Karnataka confirming the conviction and sentence of the appellants under Section 302 of...

High Court

Bombay High Court Quashes Confiscation of Souza and Padamsee Artworks as Obscene — Customs Officer's Personal Opinion Insufficient to Brand Art as Obscene Under Section 11 Customs Act, 1962. Artistic merit and community standards must be considered before declaring artworks obscene.

25 Oct 2024

The petitioner, M/s. B. K. Polimex India Private Limited, imported seven artworks by world-renowned artists F.N. Souza and Akbar Padamsee from London ...

Supreme Court

Supreme Court Partially Sets Aside High Court Judgment Annulling Entire Recruitment Process and Directs Fresh Scrutiny for Validly Selected Candidates. The Court held that blanket cancellation without distinguishing between tainted and untainted appointments violates principles of natural justice and proportionality under the West Bengal School Service Commission Act, 1997 and related recruitment rules, requiring individual examination of each selectee's case.

3 Apr 2025

The Supreme Court considered appeals challenging the Calcutta High Court's judgment dated 22.04.2024, which had set aside the entire 2016 selection pr...

Supreme Court

Supreme Court Converts Murder Conviction to Culpable Homicide Not Amounting to Murder in Mother Killing Daughters Case — Lack of Premeditation and Sudden Provocation Due to Mental Distress Considered. The Court applied Exception 4 to Section 300 IPC and Section 304 Part I IPC, reducing the sentence to 10 years rigorous imprisonment.

28 Apr 2025

The Supreme Court considered an appeal against the conviction of the appellant, Chunni Bai, under Section 302 IPC for the murder of her two daughters,...

Supreme Court

Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

27 Feb 2019

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

High Court

High Court of Bombay at Nagpur Allows Petition Against Stay of Section 138 NI Act Proceedings Due to Insolvency Moratorium — Directors Not Entitled to Protection Under IBC as They Are Not Corporate Debtors. The court held that the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 does not extend to directors of a corporate debtor, and criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 against them cannot be stayed.

26 Sep 2025

The petitioner, a partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondents, who are a com...

High Court

Bombay High Court Quashes FIR Against Organizers of Obscene Dance Performance in Banquet Hall — Lack of Specific Allegations Against Applicants Under Sections 294, 34 IPC, Maharashtra Police Act and Prohibition Act. FIR quashed as allegations did not specifically implicate applicants in the commission of offences; vicarious liability not applicable in criminal law.

11 Oct 2023

The applicants, five individuals, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.0...

High Court

Bombay High Court Quashes FIR Against Organizers of Obscene Dance Performance in Banquet Hall — Lack of Specific Allegations Against Applicants Under Sections 294, 34 IPC, Maharashtra Police Act, and Maharashtra Prohibition Act. FIR Quashed as Continuation of Proceedings Would Be Abuse of Process of Law Under Section 482 CrPC.

11 Oct 2023

The applicants, five individuals, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.0...

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