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Bombay High Court Quashes Sessions Court Order Adding Accused Under Section 319 CrPC for Violation of Natural Justice. Revisional Court Failed to Issue Notice to Proposed Accused Before Allowing Impleadment, Rendering Order Illegal.

The petitioner, Laxmibai w/o Poonamchand Gangwe, filed a criminal writ petition challenging the order dated 25.06.2019 passed by the learned Sessions ...

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High Court of Karnataka Quashes Order Allowing Recall of PW5 for Cross-Examination via Video Conferencing Under Section 311 Cr.P.C. — Recall Not Permissible as Witness Already Cross-Examined and No New Evidence Sought

The petitioner, Mahadev, was the accused in C.C. No. 94/2017 pending before the III Additional Senior Civil Judge and JMFC, Vijayapur. The case arose ...

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High Court of Karnataka Quashes Executive Magistrate's Order in Land Dispute for Lack of Jurisdiction Under Section 145 Cr.P.C. — Dispute Over Title Cannot Be Decided in Summary Proceedings

The petitioners, Nagaraj H. and Shiva Prasad, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the...

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Karnataka High Court Quashes Deputy Commissioner's Appointment of Special Prosecutor Under SC/ST Rules for Lack of Hearing to Accused. Appointment of Advocate as Special Prosecutor under Rule 4(5) of SC/ST Rules without notice to accused violates principles of natural justice.

The petitioners, accused Nos.1 to 4 in Special C.C. No.75/2020 pending before the I Additional District and Sessions Judge, Chikkamagaluru, filed a wr...

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Supreme Court Quashes DNA Test Order in Fake Caste Certificate Case — Roving and Fishing Enquiry Not Permitted Without Substantial Investigation. Section 53 CrPC Does Not Justify Premature DNA Test Without Investigation Material.

The appeal arose from a judgment of the High Court of Andhra Pradesh dismissing the appellant's application under Section 482 CrPC for quashing an ord...

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Bombay High Court at Goa Quashes Demotion of Assistant in Goa Legislative Secretariat — Violation of Natural Justice. Confirmed Employee Cannot Be Demoted Without Hearing, Even if DPC Overlooked Another Candidate's Reservation Claim.

The petitioner, Mrs. Kunda Santosh Kerkar, was appointed as Junior Assistant on 28.08.2000 against a vacancy reserved for Scheduled Caste. She was con...

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Bombay High Court Quashes Commissioner's Order for Violation of Natural Justice in Revision Proceeding. Order set aside as notice of preponed hearing was not served on the petitioner, violating principles of natural justice.

The petitioner, Manoharlal Hundrajmal Gidwani, filed a writ petition challenging an order dated 31st July 2014 passed by the Divisional Commissioner, ...