Search Results for "Section 326"

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Supreme Court Upholds State Government's Notification Fixing Minimum Wages for Hotels and Eating Houses Under Minimum Wages Act, 1948. Validity of Alternative Procedure Under Section 5(1) Upheld as Not Arbitrary.

The case arose from a challenge by hotel owners to the notification issued by the Government of Mysore under the Minimum Wages Act, 1948, fixing minim...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. The court held that the detaining authority failed to consider the detenu's custody and bail status, vitiating the preventive detention order.

The petitioner, wife of the detenu Firoz @ Babali Makbul Khan, challenged the detention order dated 6th September 2022 passed by the Commissioner of P...

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Bombay High Court Acquits Appellants in Murder Case Due to Inconsistent Evidence and Failure to Prove Common Intention. Conviction under Sections 302, 307, 324, 504, 506 read with 34 IPC set aside as prosecution failed to establish guilt beyond reasonable doubt.

The judgment pertains to three criminal appeals arising from a single incident of assault resulting in the death of one person and injuries to others....

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Bombay High Court Dismisses Writ Petition Challenging Slum Rehabilitation Authority's Grant of Scheme to Another Developer. Court upholds SRA's decision based on eligibility criteria and policy, finding no arbitrariness or violation of principles of natural justice.

The Petitioners, Dyna Estate Pvt. Ltd. (a developer) and Dr. Babasaheb Ambedkar Nagar Sahakari Griha Nirman Sanstha (a proposed cooperative society of...

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High Court of Karnataka Grants Bail to Accused in Murder Case After Eye Witness Turns Hostile. The court found that the sole eye witness not supporting the prosecution constituted a change in circumstance under Section 439 CrPC, entitling the accused to bail.

The petitioner, Maletira Dharshan Chenagappa, was accused No.1 in Crime No.10/2019 registered by Virajpet Town Police Station, Kodagu, for offences pu...

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Gujarat High Court Allows Petition Challenging Demolition of Residential Structures Without Notice Under Gujarat Public Premises (Eviction of Unauthorised Occupants) Act, 2012. Demolition Without Prior Notice and Hearing Violates Principles of Natural Justice and Article 300A of the Constitution.

The petitioners, Kureshi Irfanbhai Mohammadsharifbhai and others, filed a Special Civil Application under Article 226 of the Constitution of India bef...

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Bombay High Court Allows Refund of IGST Paid on Exported Goods Despite Claim of Higher Drawback Rate. Petitioner entitled to refund of IGST under Section 16(3)(b) of IGST Act read with Section 54 of CGST Act and Rule 96 of CGST Rules, as selection of higher drawback column does not disentitle refund.

The petitioner, Kunal Housewares Private Limited, exported stainless steel household articles in July, August, and September 2017. The petitioner paid...

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Bombay High Court Quashes FIR Against Bank and Employees in Loan Dispute — Dispute Held Purely Civil, No Prima Facie Case of Cheating or Criminal Breach of Trust. Allegations of Forgery and Use of Forged Documents Also Not Made Out, FIR Quashed Under Section 482 CrPC.

The judgment arises from two writ petitions filed by ICICI Bank Ltd., its employees (Zarin Daruwala, Girish Nayak, Arati Ramakrishnan, Vipul Parmar, K...

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Bombay High Court Quashes Proceedings in Immoral Traffic Case Due to Lack of Sanction Under Section 13 of the Act. Applicant's Prosecution Under Sections 3, 4, 5 of the Immoral Traffic (Prevention) Act, 1956 Set Aside as Police Officer Not Specially Authorized.

The applicant, Greig Miranda, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of C.R.No.3 of 2...