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High Court of Karnataka Quashes SARFAESI Proceedings Against Company Under CIRP — Resolution Professional Entitled to Possession of Assets. Held that Section 14 of IBC overrides SARFAESI Act and other laws, and the moratorium under IBC bars any proceedings against the corporate debtor's assets.

The petitioner, M/s. Dreams Infra India Pvt. Ltd., represented by its Resolution Professional Sri Ashok Kriplani appointed by the National Company Law...

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Bombay High Court at Goa Dismisses Petitions Challenging Exhumation Order in Murder Investigation — Court Holds That Exhumation Under Section 176 CrPC Read With Section 174 CrPC Is Permissible When Prima Facie Evidence of Unnatural Death Exists and No Specific Provision Bars It.

The judgment concerns two criminal writ petitions filed before the Bombay High Court at Goa. The first petition was filed by Kennedy Afonso, Sudeep Da...

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Bombay High Court Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion, Upholds Family Court's Refusal to Grant Divorce. Filing of False Criminal Complaint by Wife Does Not Automatically Constitute Cruelty for Divorce Under Hindu Marriage Act, 1955.

The appellant husband, Dr. Santosh Shetty, filed a Family Court Appeal challenging the judgment and decree dated 25.11.2013 passed by the Family Court...

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Supreme Court Partially Quashes High Court Directions in Hema Committee Report Case — Emphasizes Privacy and Fair Investigation. Court holds that direction to register FIR based on Hema Committee report without independent verification violates due process and privacy rights under Article 21.

The case arises from the Hema Committee report on the working conditions of women in the Malayalam cinema industry. The High Court of Kerala, in order...

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Karnataka High Court Quashes FIR Against Government Engineers in Corruption Case Due to Invalid Police Station Notification. Anti-Corruption Bureau Koppal Lacked Notification Under Section 2(s) of Cr.P.C., Rendering FIR Void.

The batch of writ petitions was filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure,...

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Bombay High Court Upholds Cancellation of Fair Price Shop Licence in Essential Commodities Act Case Due to Irregularities and Non-Application of Mind by Minister. Minister's Revision Order Set Aside as It Failed to Consider Inspection Report and Criminal Proceedings Against Licencee.

The petitioners, Bapu Jagalu Dhormare and Dhananjay Nagurao Gule, were card holders of a fair price shop run by respondent No.4, Namdeo Mahadeo Mali, ...

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Bombay High Court Acquits Police Head Constable in Corruption Case Due to Unreliable Trap Witness and Inconsistent Evidence. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

The appellant, Baliram s/o Mansingh Chawhan, a Police Head Constable, was convicted by the Special Judge, Washim in Special Case No. 3/1998 for offenc...

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Bombay High Court Allows Writ Petition Challenging Refusal to Appoint Recommended Candidate for Judicial Service — Failure to Disclose Adverse Material Violates Natural Justice. The Court Quashed Communications Denying Appointment and Directed Reconsideration After Providing Opportunity of Hearing.

The petitioner, Suhas Arun Malve, an advocate practicing since 2004, applied for the post of Civil Judge, Junior Division and Judicial Magistrate, Fir...