Search Results for "dual prosecution"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "dual prosecution"

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High Court

Karnataka High Court Quashes FIR Against Homestay Owner in Sexual Assault Case Involving Foreign National; Declares Arrest Illegal and Awards Compensation. Arrest Under Non-Cognizable Section 3(5) of Bharatiya Nyaya Sanhita, 2023 Without Cognizable Offence or Proper Procedure Held Violative of Fundamental Rights.

15 Jul 2026

Background: The petitioner, Palecanda Ponnappa @ Vishal, the owner of Devi Villa Homestay in Kodagu district, was arrested in connection with an alleg...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Deemed Conveyance Under MOFA Due to Pending Title Dispute. Availability of Alternate Civil Suit Remedy Renders Writ Petition Under Article 227 Not Maintainable.

21 Nov 2024

The petitioner, M/s. Blue Heaven Co-op Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging the orde...

High Court

Bombay High Court Upholds Discretion of Parsi Matrimonial Courts to Appoint Court Commissioner for Evidence Recording Under PMDA. The court held that the Parsi Marriage and Divorce Act, 1936 does not expressly or impliedly bar the application of Order XVIII Rule 4 CPC for recording evidence before a Commissioner.

21 Nov 2024

The case arose from an appeal against an order dated 3 April 2014 passed by the learned Parsi Chief Metropolitan Court, Mumbai (Justice G S Patel) in ...

High Court

Bombay High Court Declares Arrest Illegal for Non-Compliance with Article 22(1) and Section 50 Cr.P.C. — Failure to Communicate Grounds of Arrest in Writing Renders Arrest and Subsequent Remand Void. The court held that the constitutional mandate under Article 22(1) requires grounds of arrest to be communicated in writing, and oral communication is insufficient, vitiating the arrest and all subsequent remand orders.

18 Jul 2024

The petitioner was arrested on 22 February 2024 in connection with C.R. No.68 of 2020 registered at Malad Police Station for offences under Sections 4...

High Court

Bombay High Court Dismisses Husband's Transfer Petition in Domestic Violence Case — Maintains Wife's Choice of Forum Under PWDV Act. The court held that the wife's choice of forum under Section 12 of the Protection of Women from Domestic Violence Act, 2005 cannot be overridden by the husband's convenience under Section 24 CPC.

20 Dec 2023

The judgment concerns two Miscellaneous Civil Applications filed by husbands seeking transfer of proceedings initiated by their wives under the Protec...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint in GIDC Act Suit — Statutory Notice Under Section 52A Not Required for Suit Filed After Cause of Action. The court held that Section 52A of the Goa Industrial Development Act, 1965 does not bar the institution of a suit but only restricts interim relief, and since notice was already served, the plaint cannot be rejected.

7 Sep 2023

The Goa Industrial Development Corporation (GIDC) filed a Civil Revision Application under Section 115 CPC challenging the trial court's order dated 2...

Supreme Court

Supreme Court Sets Aside Bail Order in NDPS Act Case Due to Non-Application of Mind and Ignoring Commercial Quantity Recovery. High Court Erred in Granting Bail Without Considering Stringent Conditions Under Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Presumption of Conscious Possession Under Section 54.

22 Sep 2021

The appeal arose from a bail order dated 1 October 2020 passed by a Single Judge at the Lucknow Bench of the High Court of Judicature at Allahabad, wh...

High Court

Bombay High Court Dismisses Habeas Corpus Petition of POTA Detenus Seeking Release on Ground of Unlawful Detention. Court holds that detention under POTA is valid and habeas corpus cannot be used to challenge conditions of detention or seek bail.

30 Jan 2006

The petitioners, Saquib Abdul Hamid Nachan and others, filed a habeas corpus petition before the Bombay High Court seeking release from detention unde...

Supreme Court

Supreme Court Dismisses State's Appeal, Upholds High Court Quashing of Dismissal Order of Head Constable for Violation of Natural Justice. Presiding Officer's Dual Role as Witness Renders Inquiry Void, Certiorari Available Despite Existence of Alternative Remedy.

30 Sep 1957

The State of Uttar Pradesh appealed against a High Court order quashing the dismissal of Mohammad Nooh, a Head Constable. Nooh was dismissed after a d...

Supreme Court

Supreme Court Allows Applicant in Medical Treatment Withdrawal Case — CANH Held to Be Medical Treatment and Withdrawal Permitted Under Best Interest Principle. Right to Die with Dignity under Article 21 Recognised to Include Withholding of Life-Sustaining Treatment from Patient in Permanent Vegetative State.

1 Jan 1970

The matter arose from a tragic accident in 2013 when Harish Rana, then a 20-year-old engineering student, fell from the fourth floor of his accommodat...

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