In Prabodh K. Mehta v. Charuben K. Mehta, while deciding the issue that whether conviction of an Indian by a foreign Court for the offence committed in that country can be taken notice of by the Courts or authorities in India while exercising their judicial and/or quasijudicial powers; and whether such a conviction would be binding on the Courts and authorities in India while exercising their judicial and/or quasijudicial powers, the three-Judge Bench of Bombay High Court, answered the former question in affirmative, and while addressing the latter issue, the Bench observed that the Courts and authorities, while exercising their judicial and quasijudicial powers will have to take a call on the facts and circumstances of each case and take a decision as to the effect of such a judgment and order of conviction.
Special Leave Petition (Crl.) No. 8907 of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that respondents-financer had forcibly taken away the vehicle financed by them and illegally deprived the petitioner from its lawful possession and thus, committed a crime. The complaint filed by the petitioner had been entertained by the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case No. 608 of 2009, even directing the interim custody of the vehicle (Maruti Zen) be given to the petitioner vide order dated 17.3.2009. The respondent on approaching the Guwahati High Court against this order, the hon'ble court squashed the criminal proceedings pending before the learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
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