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Bombay High Court Allows Appeal Under Section 378(4) CrPC in Section 138 NI Act Case - Appeal Against Acquittal in Private Complaint Lies Under Section 378(4) CrPC, Not Proviso to Section 372 CrPC

The case involved a reference to a larger bench to resolve a conflict regarding the maintainability of an appeal against acquittal in a prosecution un...

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Bombay High Court Disposes of Petition Seeking Quashing of FIR as Infructuous After Closure Report Filed Under Section 169 CrPC. Sisters-in-Law of Complainant in Dowry Case Not Charge-Sheeted; Court Holds Grievance Redressed.

The petitioners, Mrs. Shahnaj Taj Mohd. Hashmi and another, filed a writ petition under Article 226 of the Constitution of India and Section 482 of th...

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Bombay High Court Dismisses State Appeal Against Acquittal in Threat and Misconduct Case — Prosecution Fails to Prove Offences Under Section 189 IPC and Section 120 Bombay Police Act Beyond Reasonable Doubt

The State of Maharashtra filed an appeal under Section 378(1) of the Code of Criminal Procedure, 1973, challenging the judgment and order of acquittal...

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Bombay High Court Dismisses Appeals by Wife and Co-Respondent, Upholds Divorce Decree on Grounds of Adultery, Desertion, and Cruelty Under Hindu Marriage Act, 1955. Wife's Voluntary Sexual Intercourse with Co-Respondent and Desertion Established by Preponderance of Probabilities.

The case involves two family court appeals arising from a divorce petition filed by Sushil (husband) against Sangeeta (wife) under Section 13(1)(i), (...

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Bombay High Court Quashes Defamation Proceedings Against Journalist for Lack of Sanction Under Section 197 CrPC. Press Reporter's Official Duty Publication Requires Prior Sanction Before Prosecution for Defamation Under Sections 499/500 IPC.

The petitioner, Yogesh Balkrishna Kakade, a press reporter by occupation, was the accused in a defamation case (STC No.643 of 2008) pending before the...

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Bombay High Court Quashes FIR Under Maharashtra Cooperative Societies Act for Lack of Sanction and Non-Cognizable Offences. Offences under Section 146(g)(k)(n)(p) of the Act are non-cognizable and require prior sanction under Section 148(3) for prosecution.

The applicant, Manoranjan Ramdas Rathod, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FI...