Search Results for "Defective Authority"

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High Court Quashes Cognizance Order in Air Pollution Case Due to Lack of Sanction — Prosecution under Air (Prevention and Control of Pollution) Act, 1981 Requires Prior Sanction Under Section 43 for Board Complaints Filed Without Authorization.

The petitioner, Sri B.V. Byregowda, proprietor of M/s Chennakeshava Stone Crushers, filed a criminal petition under Section 482 of the Code of Crimina...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Encashment in Commercial Dispute. No Case of Fraud or Irretrievable Injustice Made Out to Restrain Bank Guarantee Invocation Under Contract Law Principles.

The appeal arises from an order of the learned Single Judge refusing to grant an injunction restraining the respondent from encashing a bank guarantee...

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Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

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Bombay High Court at Goa Quashes Criminal Proceedings Against Public Servant for Lack of Sanction Under Section 197 CrPC. Petitioner, a Conductor of Kadamba Transport Corporation, Was Prosecuted Under Section 409 IPC for Alleged Misappropriation of Fare Without Prior Sanction from Competent Authority.

The petitioner, Shri Babruwan Kinalkar, a conductor employed by the Kadamba Transport Corporation Limited (respondent no.2), filed a Criminal Writ Pet...

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Bombay High Court Dismisses Second Appeal in Property Partition Suit — Concurrent Findings of No Joint Purchase Upheld. Suit for Declaration of Ownership and Partition Dismissed as Plaintiffs Failed to Prove Joint Purchase of Suit Property in 1957.

The case involves a property dispute between descendants of two brothers, Ramchandra Ingole and Trimbakrao Ingole, who had partitioned joint family pr...