Search Results for "Communal Offence"

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Bombay High Court Quashes Criminal Proceedings in WhatsApp Post Case Due to Lack of Intent and Poor Investigation. Forwarding an objectionable post without deliberate and malicious intention does not attract Sections 295-A, 153-A IPC and Section 3(v) of SC/ST Act.

The applicant, Dnyaneshwar Rohidas Wakale, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of crimina...

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Supreme Court Quashes Externment Order in Maharashtra Police Act Case Due to Procedural Lapses and Lack of Evidence. Externment Order Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951 Found Legally Unsustainable as Based on Vague Allegations and Pending Criminal Cases Challenged as Malicious.

The appeal arose from a judgment of the Nagpur Bench of the Bombay High Court, which dismissed a criminal writ petition challenging an externment orde...

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Supreme Court Partially Strikes Down FCRA Amendment Act 2020 — Ban on Transfer of Foreign Funds and Mandatory Aadhaar Held Unconstitutional. The court upheld the requirement of a single FCRA account at SBI New Delhi as a reasonable regulatory measure to prevent misuse of foreign funds.

The judgment deals with a batch of writ petitions challenging the constitutional validity of certain amendments made to the Foreign Contribution (Regu...

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Bombay High Court Quashes FIR Against Chief Officer in Idol Dumping Case — No Intent to Insult Religion Found. Section 295 IPC requires deliberate and malicious intention to outrage religious feelings, which was absent as the applicant acted in discharge of official duties.

The applicant, Dhondiba Irba Namwad, was the Chief Officer of Municipal Council, Khamgaon, District Buldhana. He filed a criminal application under Se...

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High Court of Karnataka Dismisses Union of India's Appeal Against Grant of Default Bail Under UAPA — Right to Default Bail Accrues on Expiry of 90 Days from First Remand, Subsequent Filing of Charge Sheet Does Not Defeat Right.

The Union of India filed writ appeals against an order of a learned Single Judge granting default bail to the respondents under Section 167(2) of the ...

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Bombay High Court Dismisses Acquitted Accused's Writ Petition for Rs.200 Crore Compensation as Acquittal Does Not Automatic Entitlement. The Court Holds That Compensation Under Article 226 Requires Proof of Malicious Prosecution and Violation of Fundamental Rights, Not Mere Acquittal.

The present writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 was filed by the peti...