Search Results for "Rule 137"

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Bombay High Court Allows Petition Under Article 227 and Section 482 CrPC, Sets Aside Magistrate's Order Returning DV Application for Want of Jurisdiction. Section 27 of the Domestic Violence Act, 2005 Confers Wide Territorial Jurisdiction Including Place Where the Aggrieved Person Temporarily Resides.

The petitioner, Mrs. Afia Rasheed Khan, married Respondent No. 1 in December 1993 in Hyderabad and had a son, Respondent No. 2. She alleged that both ...

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Bombay High Court Allows WCL Petition in Service Dispute — Labour Court Order Under Section 33(C)(2) Quashed for Lack of Jurisdiction. Claim for Higher Grade and Arrears from 1974 to 2014 Held Not Maintainable Without Prior Adjudication and Barred by Limitation.

The petitioners, Western Coalfields Limited (WCL), a Central Government undertaking, challenged the judgment of the Labour Court dated 5.5.2018, which...

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Bombay High Court Allows Writ Petition Challenging Non-Renewal of Country Liquor Licence for Sales Tax Dues. State Excise Department Cannot Refuse Licence Renewal Under Maharashtra Prohibition Act for Recovery of Sales Tax Arrears.

The petitioner, M/s Vidarbha Bottlers Pvt. Ltd., a company incorporated under the Indian Companies Act, 1956, held a licence for manufacturing country...

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High Court of Bombay at Nagpur Upholds Labour Court Order Reinstating Workman with Back Wages in BSNL Termination Dispute. Termination of a casual labourer with temporary status without compliance with Section 25F of the Industrial Disputes Act, 1947 held illegal and unjustified.

The judgment concerns two writ petitions filed under Articles 226 and 227 of the Constitution of India. Writ Petition No.1721/2011 was filed by the Ge...

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Bombay High Court Quashes Order for Handwriting Expert in Cheque Dishonour Case Due to Lack of Foundation in Cross-Examination. Accused's Application Under Section 482 CrPC Allowed as Trial Court's Order Was Without Basis.

The applicant, Simratmal Hiralal Gandhi, was the original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by r...

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Bombay High Court Quashes Order for Handwriting Expert in Cheque Dishonour Case Due to Lack of Cross-Examination Foundation. Accused Failed to Cross-Examine Complainant on Alleged Material Alteration Before Seeking Expert Opinion Under Section 45 of Indian Evidence Act, 1872.

The applicant, Simratmal s/o Hiralal Gandhi, original accused no.2 in Summary Trial Case No. 5065/2007, filed a criminal application under Section 482...

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Bombay High Court Quashes FIR Under Maharashtra Money Lending (Regulation) Act, 2014 for Lack of Sanction. Section 42 of the Act Requires Authorization for Prosecution; Absence of Sanction Renders FIR Unlawful.

The applicants, accused in Crime No. 279/2018 registered at Police Station Dindrud, District Beed for an offence punishable under Section 39 of the Ma...

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Bombay High Court Allows Quashing of POCSO and IPC Proceedings on Compromise Between Accused and Complainant Who Later Married. Marriage Between Accused and Complainant Leads to Quashing of FIR Under Section 482 CrPC as Continuation Would Be Abuse of Process.

The applicants, Taj @ Arjun S/o. Ajay Mishra (accused) and Ragini Ashok Amarnani (complainant), jointly filed a criminal application under Section 482...