Search Results for "section 397"

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High Court of Judicature at Bombay Considers Civil Revision Application on Jurisdiction under Maharashtra Scheduled Commodities Order 1975. Petitioner Contended that Statutory Remedy under Essential Commodities Act Impliedly Bars Civil Suit.

The civil revision application arose from a suit filed by the original plaintiff (respondent no.1) seeking perpetual injunction and declaration that c...

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High Court of Karnataka Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued for Repayment of Loan — Revision Dismissed as Concurrent Findings of Fact Not Interfered With

The revision petitioner (accused) was convicted by the trial court for the offence under Section 138 of the Negotiable Instruments Act, 1881 for disho...

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High Court of Karnataka Allows State's Revision and Dismisses Accused's Revision in Lokayukta Corruption Case — Sanction for Prosecution Under Section 19 of Prevention of Corruption Act, 1988 Must Be Granted by Competent Authority Before Taking Cognizance, Not Before Filing Charge Sheet.

The case involves two criminal revision petitions arising from an order dated 23.08.2017 passed by the LXXVI Additional City Civil and Sessions Judge ...

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High Court of Karnataka Acquits Accused in Criminal Breach of Trust Case Due to Lack of Evidence and Procedural Irregularities. Petitioner's conviction under Section 409 IPC set aside as prosecution failed to prove entrustment and dishonest misappropriation beyond reasonable doubt.

The petitioner, Sri Y.R. Dwarakanath, was a Post Master at Subramanyapura Post Office from 2.6.1999 to 2001. He was charged with criminal breach of tr...

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Bombay High Court Allows Revision Application and Discharges Accused in Bombay Money-Lenders Act Case — Single Loan Transaction Not Sufficient to Constitute Money-Lending Business Under Section 5 of Bombay Money-Lenders Act, 1946.

The petitioners, nine family members, filed a Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure,...

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Bombay High Court Hears Challenge by Sugar Factory Against Industrial Court Order Granting Permanent Status to Workers. The Court considers the legality of appointments, staffing pattern, and binding nature of settlement under Section 42 of Maharashtra Industrial Relations Act, 1946.

The writ petition before the Bombay High Court arose from an order passed by the Industrial Court at Kolhapur in a complaint of unfair labour practice...

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Supreme Court Sets Aside Bail Granted by High Court in Murder Case Due to Non-Application of Mind. The High Court failed to consider prima facie evidence of 27 injuries and eye-witness statement under Section 439 CrPC, rendering the bail order illegal.

The case arises from a judgment of the Rajasthan High Court granting bail to the first respondent, Rajesh Kumar @ Polia, and four other accused person...

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Bombay High Court Dismisses Husband's Revision in Domestic Violence Case — Jurisdiction Lies Where Wife Resides. Shared Household Defined Under Section 2(s) of Protection of Women from Domestic Violence Act, 2005 Includes Residence of Wife's Brother Where She Stays for Education.

The case involves a criminal revision application filed by the husband, Nitin Vikas Karake, challenging the orders of the JMFC, Satara and the Session...