Search Results for "judicial magistrate permission"

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Search Results for "judicial magistrate permission"

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Supreme Court

Supreme Court Allows Appeals and Directs Separate Cut-Off Marks for Persons with Disabilities in Judicial Services Recruitment. The Court held that exclusion of visually impaired candidates from judicial services is unconstitutional and that PwBD candidates are entitled to relaxation of selection criteria under Section 34 of the Rights of Persons with Disabilities Act, 2016.

10 Mar 2025

The Supreme Court of India, in a suo motu writ petition and connected matters, addressed the issue of recruitment of persons with disabilities (PwD) i...

High Court

High Court of Karnataka Quashes Cognizance Order in Matrimonial Dispute Due to Inordinate Delay and Lack of Explanation — Section 468 CrPC Limitation Bars Prosecution for Offences Under Sections 498A, 494, 506 IPC Alleged After 24 Years.

19 Jul 2024

The petitioner, Mahesh R., filed a criminal petition under Section 482 CrPC seeking to quash the order of cognizance taken by the IV Additional Senior...

High Court

Karnataka High Court Quashes Wildlife Offence Proceedings Against Accused in C.C.No.2319/2023 Due to Procedural Irregularities and Violation of Investigation Protocol. Registration of Second FIR in FOC No.20/2022 After Prior FIR in FOC No.1/2022 Held Impermissible, and Magistrate's Dual Cognizance and Hybrid Investigation Under Wild Life (Protection) Act, 1972 Not Sustainable.

6 Oct 2023

Background: The petitions arose from criminal proceedings initiated against the petitioners for alleged offences under the Wild Life (Protection) Act,...

High Court

High Court of Karnataka Quashes Karnataka Registration of Births and Deaths (Amendment) Rules, 2022 as Ultra Vires the Registration of Births and Deaths Act, 1969. Substitution of 'Assistant Commissioner (Sub-Divisional Magistrate)' for 'Magistrate of the First Class or Presidency Magistrate' in Rule 9(3) was held to be beyond the rule-making power under Section 30 of the Act, as it conflicted with the specific mandate of Section 13(3) requiring a judicial order for delayed registrations beyond one year.

17 Apr 2023

The writ petition filed under Articles 226 and 227 of the Constitution of India challenged the validity of the Karnataka Registration of Births and De...

Supreme Court

Supreme Court Quashes Proceedings Against Editor in POCSO Case Due to Lack of Magistrate Permission for Investigation. The Court held that Section 155(2) of the Code of Criminal Procedure, 1973 applies to non-cognizable offences under Section 23 of the Protection of Children from Sexual Offences Act, 2012, and investigation without Magistrate permission is vitiated, barring cognizance.

21 Mar 2022

The appeal arose from a judgment of the High Court of Karnataka dismissing a criminal petition under Section 482 of the Code of Criminal Procedure, 19...

High Court

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.

8 Feb 2021

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...

High Court

High Court of Karnataka Quashes Proceedings Against Accused No.4 in K.P. Act Case for Lack of Sanction — Section 87 of Karnataka Police Act Requires Prior Sanction for Prosecution of Police Officers.

10 Dec 2019

The petitioner, Vageppa Gurulinga Jangaligi, was arrayed as Accused No.4 in C.C. No.3397/2019 pending before the IV Additional Civil Judge and JMFC, A...

High Court

High Court of Karnataka Allows State's Revision Petitions Against Order Allowing Discharge Under Section 19 of Prevention of Corruption Act, 1988. Court Holds That Sanction for Prosecution Is Not Required at the Stage of Taking Cognizance Under Section 19 of the PC Act.

28 Sep 2018

The State of Karnataka, through the Anti Corruption Bureau, Udupi District, filed two criminal revision petitions under Sections 397 and 401 of the Co...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Illegal Sand Mining Case Due to Lack of Sanction Under Section 22 of Mines and Minerals Act. Proceedings under Section 379 IPC and other allied offences held not maintainable without prior sanction under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957.

15 Nov 2017

The petitioners, a lorry driver and lorry owner, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proce...

Supreme Court

Supreme Court Dismisses Recusal Plea in Habeas Corpus Challenge to Contempt Detention; Holds Embarrassment and Alleged Error Insufficient for Judicial Withdrawal. Non-compliance of court's directions in contempt proceedings led to detention under Articles 129 and 142, and the bench ruled that allegations of bias were unfounded and did not necessitate recusal.

1 Jan 1970

The Supreme Court was seized of a criminal writ petition filed by Subrata Roy Sahara challenging an order dated 04.03.2014 passed by the same bench in...

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