Search Results for "Magistrate Discretion"

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High Court of Bombay at Goa Allows Writ Petition Challenging Revision Order — Revisional Court Erred in Entertaining Revision Under Section 438 BNSS Against Order Under Section 164 BNSS Without Notice. Order Under Section 164 BNSS Is Summary and Not Subject to Revision; Natural Justice Violated.

The petitioner, Shri Noberto Paulo Sebastiao Fernandes, through his constituted attorney, filed a criminal writ petition before the High Court of Bomb...

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High Court Dismisses Criminal Petition Challenging Cognizance Order in Cheque Dishonour Case - BNSS, 2023 Procedure Not Applicable to Negotiable Instruments Act, 1881 Proceedings

The petitioners challenged the order of taking cognizance in a cheque dishonour case under Section 138 of Negotiable Instruments Act, 1881, contending...

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Bombay High Court Dismisses Appeals Challenging MPID Act Application in NSEL Scam Case — Held That MPID Act Applies to NSEL as a Financial Establishment and That Default in Repayment of Deposits Attracts Offences Under the Act.

The judgment arises from multiple criminal appeals and interim applications filed by various parties, including directors, brokers, and financial inst...

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Supreme Court Allows State Appeal in Army Offence Jurisdiction Dispute, Restoring Sessions Court Trial. Concurrent Jurisdiction Under Section 125 of Army Act, 1950 Upheld, with Commanding Officer's Discretion Exercised Through Cooperation with Civil Investigation.

The appeal arose from a judgment of the High Court of Sikkim, which upheld an order of the Sessions Judge directing that the accused, an Army personne...

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High Court of Bombay at Aurangabad Dismisses Application Under Section 482 CrPC Challenging Magistrate's Refusal to Order Police Investigation Under Section 156(3) CrPC — Magistrate's Discretion to Treat Application as Complaint Upheld as Legal and Proper.

The applicant, Nikhil s/o Dhondiram Katke, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging a...