Search Results for "section 438 crpc"

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Search Results for "section 438 crpc"

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Supreme Court

Supreme Court Upholds Constitutional Validity of Section 6A of the Citizenship Act, 1955 in Assam Accord Challenge — Majority Holds Cut-off Date of 25.03.1971 for Regularisation of Immigrants Valid. The court held that the provision is a reasonable classification under Article 14 and does not violate Articles 6, 7, 29, 325, 326, 355, 356, or 368 of the Constitution.

17 Mar 2025

The Supreme Court, in a batch of petitions and appeals, considered the constitutional validity of Section 6A of the Citizenship Act, 1955, which was i...

High Court

Bombay High Court Allows Petition for Production of Documents in Rape Case — Right to Fair Trial Includes Access to Seized Exculpatory Material Not Filed with Charge-Sheet. Section 91 CrPC Application Rejected by Trial Court Set Aside; Directed to Reconsider Relevance of WhatsApp Chats and Other Documents.

4 Dec 2023

The petitioner, Dr. Sublendu Prakash Diwakar, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 CrPC...

High Court

Bombay High Court Grants Anticipatory Bail to In-Laws in SC/ST Atrocity Case Due to Lack of Specific Allegations and Separate Residence. The court held that the bar under Section 18 of the SC/ST Act does not apply when the FIR does not disclose specific allegations of caste-based intent against the accused who are residing separately.

23 Jan 2023

The present appeal was filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Atrocities Act) ...

Supreme Court

Supreme Court Allows Green Card Holder to Travel Abroad During Bail, Balancing Right to Travel with Conditions of Bail. The court held that the High Court erred in refusing permission solely on the ground of an FIR being registered, without considering the appellant's consistent travel history and the risk of losing his Green Card.

7 Aug 2020

The appellant, Parvez Noordin Lokhandawalla, an Indian citizen and US Green Card holder since 2010, has resided in the US since 1985. A private compla...

High Court

High Court of Karnataka Grants Anticipatory Bail to Accused in Attempt to Murder Case — Injury on Shoulder Not Indicative of Intent to Kill. Petitioner Allegedly Assaulted Complainant with Chopper but Injury Was on Shoulder, Not Neck, Leading to Grant of Pre-Arrest Bail Under Section 438 CrPC.

9 Jul 2020

The petitioner, Narasimhamurthy L.V., filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory ...

High Court

Karnataka High Court Grants Anticipatory Bail to Accused in Money Dispute Case Under Sections 354, 323, 504, 506 IPC. Court Held That Custodial Interrogation Not Required as Dispute Primarily Civil, and Granted Bail Under Section 438 CrPC.

7 Jul 2020

The petitioners, B.M. Mallaiah and Smt. Bhagyamma, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking ...

High Court

High Court of Karnataka Grants Anticipatory Bail to Accused in MMRD Act and IPC Case — Custodial Investigation Not Required. Offences under Section 21 of MMRD Act, 1957 and Section 379 IPC do not necessitate custodial interrogation; anticipatory bail granted with conditions.

8 Dec 2016

The petitioner, Iranna S/o Mallappa Baliger, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking antici...

High Court

High Court of Karnataka Upholds Constitutional Validity of Section 53-A CrPC for Medical Examination of Accused in Rape Cases. Challenge to police notice for medical examination dismissed as Section 53-A is not violative of Article 20(3) or Article 21 of the Constitution.

3 Dec 2014

The petitioner, Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharati Swamiji, filed a writ petition under Articles 226 and 227 of the C...

High Court

Karnataka High Court Grants Anticipatory Bail to Ex-Panchayat Member in Corruption Case Involving Illegal Sale of Property. Court finds no prima facie case of criminal breach of trust or corruption against accused No.5 as he was not a signatory to the sale deed and allegations are vague.

20 Mar 2013

The petitioner, Sri H.K. Chennakeshava, an ex-member of Pattanapanchayath, Holalkere, filed a criminal petition under Section 438 of the Code of Crimi...

High Court

Bombay High Court Quashes Criminal Proceedings Against Directors in CBI Case for Lack of Sanction Under Section 197 CrPC. Directors of Companies Cannot Be Prosecuted Without Prior Sanction as They Were Public Servants Under the Prevention of Corruption Act, 1988.

25 Oct 2010

The case involves two criminal revision applications filed by directors of companies against whom the CBI had initiated prosecution. The applicants we...

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