Search Results for "revision under Article 227"

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Bombay High Court Dismisses Petition Challenging Dismissal of Complaint Under Section 156(3) CrPC. Concurrent Findings of Courts Below Upheld as Complaint Did Not Disclose Prima Facie Case.

The petitioner, a partnership firm engaged in real estate, filed a criminal complaint under Section 156(3) of the Code of Criminal Procedure, 1973 aga...

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Bombay High Court Dismisses Petition Challenging Dismissal of Complaint Under Section 156(3) CrPC — Dispute Civil in Nature. Agreement for Sale Not Registered, Power of Attorney Revoked, No Criminal Intent Made Out.

The petitioner, a partnership firm engaged in real estate, filed a criminal complaint under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr...

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Bombay High Court Dismisses Petition Challenging Process Under Section 173 IPC for Obstructing Bailiff. Refusal to Accept Summons and Obstruction of Affixation Not Part of Official Duties, No Sanction Required Under Section 197 CrPC.

The petitioner, Bhikkanrao T. Baviskar, was the Chief Officer of Municipal Council, Nandurbar. A bailiff from the Court of Civil Judge Senior Division...

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Supreme Court Quashes High Court Order in Civil Appeal Under Article 227 of Constitution of India. High Court Exceeded Jurisdiction by Setting Aside Ex-Parte Decree Without Examining Sufficient Cause Under Order IX Rule 13 CPC and by Acting as Appellate Court.

The appeal arose from a High Court judgment dated 1 May 2024 allowing a writ petition under Article 227 of the Constitution of India filed by the resp...

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Bombay High Court Upholds Interim Maintenance to Wife Despite Husband's Claim of Talaq in Restitution of Conjugal Rights Proceedings. Mere assertion of divorce does not defeat wife's claim for interim maintenance; husband must prove factum of divorce.

The petitioner-husband and respondent-wife were married on 22.12.2006 under Islamic Law. The wife filed Petition No. A889/2008 before Family Court No....

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Bombay High Court Dismisses Son's Petition Challenging Maintenance Order to Aged Parents Under Section 125 CrPC. Son's Obligation to Maintain Parents is Absolute and Not Dependent on Financial Capacity or Allegations of Fraudulent Property Transfer.

The case involves a petition filed by Bhausaheb Laxman Kshirsagar (the petitioner) under Article 227 of the Constitution of India and Sections 482 and...

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Bombay High Court Quashes Criminal Proceedings Against Accused in Co-operative Society Misappropriation Case Due to Lack of Sanction Under Section 197 CrPC. Members of Managing Committee Held to be Public Servants Entitled to Protection for Acts Done in Discharge of Official Duty.

The petitioners, Balaji Rajaram Chatlawar and the deceased Maroti Keshavrao Jagtap, were members of the managing committee of Yeshwant Co-operative Ho...