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Bombay High Court Upholds Detention of Defendant for Willful Disobedience of Injunction in Partition Suit — Sale of Property After Service of Injunction Order Constitutes Contempt Under Order XXXIX Rule 2-A CPC.

The case arises from a partition suit filed by respondent no.1 (original plaintiff) seeking 1/5th share in suit property claimed to be joint family pr...

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Bombay High Court Dismisses Writ Petition Challenging Judicial Immunity and IBC Proceedings as Abuse of Process. Challenge to Section 3 of Judges (Protection) Act, 1985 and Section 7 of IBC held to be frivolous and not maintainable.

The petitioner, Mrs. Manisha Nimesh Mehta, as promoter and guarantor of M/s. Perfect Infraengineers Ltd., filed a writ petition in the Bombay High Cou...

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Bombay High Court Quashes Criminal Complaints Against Newspaper Publisher for Lack of Vicarious Liability Under Negotiable Instruments Act. Publisher Not Liable for Dishonour of Cheques Issued by Employees Without Authorisation.

The petitioner, Lokmat Media Private Limited, a newspaper publishing company, filed multiple writ petitions under Article 226 of the Constitution of I...

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Bombay High Court at Goa Quashes Criminal Proceedings in Section 409 IPC Case Due to Lack of Sanction Under Section 197 CrPC. Petitioner, a public servant, was prosecuted for criminal breach of trust without prior sanction as required under Section 197 CrPC, rendering the proceedings invalid.

The petitioner, Shri Babruwan Kinalkar, was a conductor employed by the Kadamba Transport Corporation Limited (respondent no.2). The State (respondent...

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Supreme Court Allows Appeal Against Quashing of Criminal Process in Forgery Case — High Court Exceeded Jurisdiction by Evaluating Merits at Summoning Stage. Criminal proceedings cannot be quashed merely because allegations appear civil if ingredients of offence are prima facie made out.

The appellant, Sau. Kamal Shivaji Pokarnekar, filed a criminal complaint alleging that the respondents committed forgery and prepared false documents,...

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Company Appeal (AT) (Insolvency) No. 1422 of 2024

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Bombay High Court Quashes Process Against Accused in Criminal Trespass Case Due to Lack of Prima Facie Case — Complaint Fails to Disclose Essential Ingredients of Section 447 IPC Read with Section 34 IPC

The petitioners, accused nos. 1 and 2 in C.C. No. 13911/SS/2009 pending before the Metropolitan Magistrate, 65th Court at Andheri, filed a criminal wr...