Search Results for "Section 326"

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Bombay High Court Dismisses Petition Challenging Non-Appointment as District Judge Due to Criminal Antecedents. Court upholds High Court's decision that acquittal does not automatically entitle a candidate to judicial appointment, as suitability includes character assessment.

The petitioner, Khushalchand Bhairulal Varma, applied for the post of District Judge in Maharashtra pursuant to an advertisement dated 28 July 2008. H...

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Bombay High Court Allows Writ Petition Challenging Sessions Court's Order for De Novo Trial in NI Act Case — Held That Section 326 CrPC Permits Successor Magistrate to Continue from Stage of Predecessor Without De Novo Trial

The petitioner, Quazi Syed Salahuddin, filed a Criminal Writ Petition before the Bombay High Court, Bench at Aurangabad, challenging an order dated 18...

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Supreme Court Upholds Conviction of Accused in Parcel Bomb Murder, Holding Approver's Evidence Sufficiently Corroborated. Principle of Issue-Estoppel Held Inapplicable as Co-Accused's Acquittal Did Not Automatically Discredit Approver's Testimony Against Appellant.

The appeal arose from a parcel bomb explosion at Phagwara, Punjab, on October 4, 1966, during a hunger strike by a labor union organizer, Ram Sahai. A...

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Bombay High Court Allows Bank of Baroda's Petition to Quash Sales Tax Attachment Over Secured Assets, Holding SARFAESI Act Priority Over State Dues. Secured Creditor's Claim Under Section 26E of SARFAESI Act Overrides Crown Debt Under MVAT Act, Attachment Without Notice Invalid.

The Bank of Baroda, a secured creditor under the SARFAESI Act, had sanctioned credit facilities to M/s. Gajanan India Chemco between September 2009 an...

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High Court of Bombay Quashes Externment Order for Lack of Subjective Satisfaction and Non-Application of Mind — Petitioner's Criminal Antecedents Not Sufficient to Justify Externment Under Section 56(1)(a) & (b) of Maharashtra Police Act, 1951.

The petitioner, Sachin Sanjay Raut, filed a criminal writ petition before the High Court of Bombay at Nagpur seeking quashing of an externment order d...

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High Court of Bombay at Aurangabad Upholds Conviction for Murder in Grampanchayat Election Rivalry Case. Appellant convicted under Section 302 IPC for fatal knife attack on deceased due to political grudge.

The appellant, Tulshiram S/o Balaji Pupalwad, was convicted by the Additional Sessions Judge at Biloli for the murder of Shankar Venkat Papulwad under...

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Bombay High Court Declares Payments Made by Company in Liquidation Void Under Section 536(2) of Companies Act, 1956 and Orders Refund. Payments made after winding up order to caterer without court approval are void, and the caterer must repay with interest.

The Official Liquidator of M/s. GOL Offshore Limited (in liquidation) filed OLR No. 139 of 2018 under Section 536(2) of the Companies Act, 1956, seeki...

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Bombay High Court Allows Anticipatory Bail to Accused in SC/ST Act Case Due to Lack of Caste-Based Intent. Traffic Dispute Leading to Abusive Language Does Not Attract Section 3(1)(x) of SC/ST Act as Insult Was Not on Account of Caste.

The appellant, Dada @ Anil s/o Navnath Murkute, filed a criminal appeal under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Preventio...

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High Court of Bombay Upholds Labour Court Award in Favor of Workman in MSRTC Dismissal Case — 25% Back Wages Granted for Procedural Violation. Dismissal Quashed as Enquiry Officer Was Not Appointed by Competent Authority Under Section 6(6) of Industrial Disputes Act, 1947.

The petitioner, the Divisional Controller of Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment and award dated 4.8.2018 of...

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Bombay High Court Upholds Acquittal in Murder Case Due to Unreliable Testimony and Lack of Corroboration — Land Dispute Leads to Fatal Assault but Prosecution Fails to Prove Guilt Beyond Reasonable Doubt.

The State of Maharashtra filed an appeal against the acquittal of five respondents (Bhika Raoji Hajare, Macchindra Bhika Hajare, Lahanu Bhika Hajare, ...