Search Results for "Malicious Prosecution"

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Bombay High Court Allows Society's Petition, Quashes Revision Order Against Re-Audit Report Under Section 81(6) of Maharashtra Co-operative Societies Act. Re-audit report is a mere opinion, not a decision or order, and revision under Section 154 is not maintainable.

The Bombay High Court dealt with two writ petitions arising from a dispute concerning the re-audit of a cooperative society registered under the Mahar...

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Supreme Court Quashes Externment Order in Maharashtra Police Act Case Due to Procedural Lapses and Lack of Evidence. Externment Order Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951 Found Legally Unsustainable as Based on Vague Allegations and Pending Criminal Cases Challenged as Malicious.

The appeal arose from a judgment of the Nagpur Bench of the Bombay High Court, which dismissed a criminal writ petition challenging an externment orde...

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Bombay High Court Dismisses Petition to Quash FIR in Sushant Singh Rajput Death Case — Allegations of Abetment to Suicide and Drug Nexus Require Investigation. Court holds that FIR prima facie discloses cognizable offences under IPC and NDPS Act, and quashing at threshold is not warranted.

The petitioners, sisters of the deceased actor Sushant Singh Rajput, filed a writ petition under Article 226 of the Constitution of India read with Se...

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Supreme Court Grants Interim Protection to Journalist in Multiple FIR Case Based on News Broadcasts. Court Transfers One FIR for Investigation, Stays Other Proceedings, and Emphasizes Balance Between Freedom of Speech and Criminal Process Under Article 19(1)(a) and Article 32 of the Constitution.

The dispute arose from two news broadcasts by the petitioner, a journalist and editor-in-chief of Republic TV and R Bharat, on 16 April 2020 and 21 Ap...

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High Court Quashes Criminal Complaint in Land Dispute — Civil Dispute Cannot Be Converted into Criminal Case. Allegations of Trespass and Unlawful Assembly Found Baseless as Dispute Pertains to Encroachment on Municipal Road and Construction Without Sanction.

The applicant, Harish Khajanchi, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Complain...

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Bombay High Court Quashes Criminal Complaint in Land Dispute Case Due to Civil Nature of Dispute. Court holds that allegations of criminal trespass and mischief are essentially civil in nature and do not disclose any criminal offence, warranting quashing under Section 482 CrPC.

The applicant, Harish Khajanchi, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Criminal Complain...

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Karnataka High Court Upholds Conviction of Accused for Defamation Under Section 500 IPC — Publication of Defamatory Article in Newspaper Constitutes Offence. Court Holds That Truth and Public Good Are Defences Under Exception 1 to Section 499 IPC, But Burden of Proof Lies on Accused.

The case arises from a private complaint filed by B.A. Harish Gowda, a government officer, against Ravindra Reshme and others, who were journalists an...

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Bombay High Court Quashes FIR in Section 354 IPC Case Due to False Allegations and Malicious Prosecution. Complaint Filed After Acquittal in Related Case Found to be Vexatious and an Abuse of Process of Law.

The applicants, Sitaram Madhavrao Wagh and Raosaheb Trimbak Tarde, filed a Criminal Application under Section 482 of the Code of Criminal Procedure, 1...