Search Results for "Magistrate's permission"

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Search Results for "Magistrate's permission"

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High Court

Bombay High Court Quashes FIR Against Former Intelligence Commissioner in Leak Case — Lack of Sanction and Limitation Bar. Court holds that prosecution under Official Secrets Act and other statutes requires prior sanction under Section 197 CrPC and Section 170 of Maharashtra Police Act, and is barred by limitation under Section 468 CrPC.

15 Dec 2021

The petitioner, Rashmi Uday Shukla, was the Commissioner of the State Intelligence Department, Maharashtra. On 26 March 2021, an FIR was registered at...

High Court

High Court of Bombay at Goa Dismisses PIL Challenging Construction Near Airport for Lack of Credible Evidence and Non-Disclosure of Income. Petitioner failed to establish that construction violated height restrictions or environmental norms under the Aircraft Act, 1934 and Environment Protection Act, 1986.

30 Dec 2020

The judgment pertains to two Public Interest Litigations filed by Mr. Alexander J. Michael and another petitioner against the State of Goa, Union of I...

High Court

Bombay High Court Quashes Order Allowing Re-examination During Cross-examination in NDPS Case — Re-examination Permissible Only After Cross-examination Under Section 137 of Indian Evidence Act, 1872

19 Jul 2012

The applicant, accused in NDPS Special Case No.51 of 2011 pending before the Special Judge for NDPS, Greater Mumbai, challenged an order dated 19 June...

High Court

Bombay High Court Acquits Accused in Rape and Abetment to Suicide Case Due to Inconsistent Evidence. Conviction under Section 376 IPC Set Aside as Prosecution Failed to Prove Sexual Assault Beyond Reasonable Doubt.

27 Aug 2019

The judgment pertains to two criminal appeals filed by three appellants against their conviction by the District Judge-7 & Additional Sessions Judge, ...

High Court

Bombay High Court Dismisses Revision Against Executing Court's Order in Partition Execution — No Jurisdictional Error Found. Executing Court Cannot Go Behind Decree and Objections Under Order 21 Rule 90 CPC Must Be Raised Before Sale Confirmation.

27 Apr 2006

The case arises from a partition suit (Partition Suit No.945 of 1968) filed by the heirs of Bachhusingh, who died intestate on 24-11-1964, concerning ...

High Court

Bombay High Court Dismisses Suit for Lack of Jurisdiction in Bank Guarantee Dispute — Exclusive Jurisdiction Clause in Contract Confers Jurisdiction on Chennai Courts. Plaintiff L&T's Suit Challenging Invocation of Performance Bank Guarantee Dismissed as Bombay High Court Has No Territorial Jurisdiction.

29 Feb 2016

The plaintiff, Larsen & Toubro Limited (L&T), filed a suit in the Bombay High Court seeking a declaration that the invocation of a Performance Bank Gu...

High Court

Bombay High Court Allows PIL Seeking Directions to Motor Accidents Claims Tribunals for Compliance with Procedural Rules. Court Holds That Insistence on Personal Appearance of Claimants at Filing Is Not Mandatory Under Rule 254(2) of Maharashtra Motor Vehicles Rules, 1989.

21 Dec 2016

This Public Interest Litigation was filed by Anil Prabhakar Tadkalkar, a practicing advocate, raising several issues concerning the disposal of claim ...

High Court

High Court of Karnataka Grants Bail to Accused in Attempt to Murder Case Due to Lack of Prima Facie Evidence and Long Incarceration. Petitioners/Accused Nos.5 and 6 Granted Regular Bail Under Section 439 CrPC for Offences Under Sections 143, 147, 148, 307 r/w 149 IPC.

24 Apr 2020

The High Court of Karnataka at Bengaluru, presided by Justice K. Somashekar, disposed of two connected criminal petitions filed under Section 439 of t...

High Court

Bombay High Court Dismisses State's Appeal Seeking Police Custody Remand in MCOCA Case — Special Judge's Order Not Perverse. Court holds that police custody cannot be granted after accused is already in judicial custody without new grounds, and that the State failed to show sufficient evidence under Section 3(3) of MCOC Act, 1999.

10 Jan 2017

The State of Maharashtra filed an appeal against the order dated 6th December 2016 passed by the learned Special Judge under the Maharashtra Control o...

High Court

Bombay High Court Quashes Removal Order of APMC Chairman for Non-Compliance with Section 17 of Maharashtra APMC Act — Resolution Not Passed by Requisite Majority. The court held that the requirement of a resolution by at least 10 members is mandatory and cannot be dispensed with.

20 Apr 2017

The petitioner, Sharad Bapuraoji Deshmukh, was an elected Director and Chairman of the Agricultural Produce Market Committee, Wardha. The District Dep...

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