Murder – Bail Application – The fault of the deceased was only that he belonged to another religion – Consider this factor in favour of the applicants/accused – Moreover, the accused do not have criminal record and it appears that in the name of the religion, they were provoked and have committed the murder.
Handcuffing; Satish Banwarilal Sharma Vs Union Territory of Diu, Daman and Dadra & Nagar Haveli [Bombay High Court, 22-12-2016]
The administration of the Union Territory of Daman & Diu and Dadra & Nagar Haveli has violated the fundamental rights of the Petitioner guaranteed under Article 21 of the Constitution of India by illegally handcuffing and parading through the streets.
Clause 10(v) of the Contract reflects the certainty with which the parties expected to position themselves on the issue of demurrage. The very purpose of agreeing to the specified amount of demurrage was to avoid litigation and complexity in assessing damages in that regard.
Two actions taken against the prisoner, one of lodging C.R. under Section 224 of IPC for not surrendering back to the prison in time and of removing him from the remission register do not amount to double jeopardy within the meaning of Article 20(2) of the Constitution.
Common Intention; Pruthviraj Baba Deshmukh Vs. Mandabai Bajirao Bade [Bombay High Court, 09-12-2016]
Unless the common intention and participation both are present, the provisions of Section 34 of I.P.C. cannot apply. However, in order to prove the participation, it is not necessary that the accused must be actually present where the offence occurs.
For an appeal filed under sub-section (1) of Section 19 of the Family Courts Act, 1984, period of limitation prescribed under sub-section (4) of Section 28 of the Hindu Marriage Act, 1955 shall apply.
SARFAESI Act; Asset Reconstruction Company (India) Ltd. Vs. Florita Buildcon Private Limited [Bombay High Court, 01-12-2016]
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Coastal Regulation Zone (CRZ) – Plot reserved for Recreation Ground (RG) – Whether the plot, which is declared to be a RG plot, is transferable or not ?
SARFAESI Act; Sonoma Management Partners Pvt. Ltd. Vs. Bank of Maharashtra [Bombay High Court, 22-11-2016]
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Sales Tax Act, 1969 (Bombay) – S. 38C – Physical possession of the property belonging to the Defaulter Company – Petitioners have purchased the property pursuant to a sale conducted by Nationalized Banks – Sales Tax dues of the Defaulter Company were […]
Civil Procedure Code, 1908 – Section 56 – Constitutional validity of – Public Interest Litigation – Protects women from arrest or detention in execution of money decree – Whether ultra vires being violative of Articles 14 and 15 of the Constitution of India ? # Women
Indian Penal Code, 1860 – Section 224 – Attempt to Escape from the Police Custody – Unlawfully departed from the legal custody by non surrendering to the Prison authorities after the expiry of parole period – Held, Court permitted the petitioner to continue in the hospital until treatment was completed after completion of the parole period. The provisions of Section […]
Criminal Procedure Code, 1973 – Section 197 – Protection given under – Sanction – Official Duty – Issue of “police excess” during investigation and requirement of sanction for prosecution – Sustained injuries while running away for evading his arrest – If a police officer in doing his official duty, acted in excess of his duty but […]
Maharashtra Police Act, 1951 – Section 56 – Externment Proceedings – no witnesses are coming forward to depose against the Petitioner in public – It is not necessary to disclose as to how the externing authority has arrived at subjective satisfaction and to disclose the details in respect of such subjective satisfaction. It was also not necessary to […]
Drugs and Cosmetics Act, 1940 – Ss. 27 (b) (ii) & 32 – Cognizance of Offences – Cough syrup sold without asking for prescription – Investigation was carried out by Police without obtaining order from the Magistrate – Whether Proper? – Held, the offence under section 27 (b) (ii) of the Act being non-cognizable, the police machinery was […]
Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and persons engaged in Black Marketing of Essential Commodities Act, 1981 (Maharashtra) – detenu is a sand smuggler – On account of sand smuggling, the water available is reduced. The ecological balance is disturbed. On account of reduction in […]
National Green Tribunal; Central India Ayush Drugs Manufacturers Association Vs. State of Maharashtra [Bombay High Court, 28-09-2016]
ContentsSections 23 and 24 of the Biological Diversity Act, 2002Section 14 of the National Green Tribunal Act, 2010Bhopal Gas Peedith Mahila Udyog Sangathan and others v. Union of India and others, (2012) 8 SCC 326Indian Oil Corporation Ltd. v. Nagpur Municipal Corporation and another, 2012 (1) BCR 526Committee of Management and another v. Vice Chancellor […]