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Supreme Court Dismisses State Appeal in Gujarat Control of Terrorism and Organised Crime Act Case — Continuing Unlawful Activity Requires Post-Promulgation Offence. The Court held that the prosecution must prove that the accused committed an organised crime after the Act came into force, and mere prior charge-sheets are insufficient to invoke the Act....

The State of Gujarat appealed against the High Court's order granting bail to the respondent-accused, Sandip Omprakash Gupta, who was charged under Sections 3(1)(i) and (ii), 3(2) and 3(4) of the Guja...

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Supreme Court Partially Allows NOIDA's Appeal in Land Acquisition Compensation Case — Reduces Compensation from Rs.297 to Rs.120 per sq.yard for 1982 Acquisition. The Court held that compensation for land acquired in 1982 cannot be based on rates for later acquisitions in 1986/1988, following the precedent in U.P. Awas Avam Vikas Parishad vs. State of U.P....

The case pertains to the acquisition of land in Village Gheja Tilapatabad, Tehsil Dadri, District Ghaziabad (now Gautam Budh Nagar) for planned development by the New Okhla Industrial Development Auth...

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Supreme Court Quashes Criminal Proceedings in Forgery Case Due to Perfunctory Investigation and Pending Civil Suit. Dispute Over Sale Deed Validity to Be Decided by Civil Court; Criminal Prosecution Quashed to Prevent Abuse of Process....

The Supreme Court allowed the appeal filed by the original accused, R. Nagender Yadav, against the order of the Telangana High Court refusing to quash criminal proceedings under Section 482 CrPC. The ...

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Supreme Court Allows Reference in Corruption Case: Demand Must Be Proved by Direct or Circumstantial Evidence, Not Mere Recovery. Proof of demand is sine qua non for offences under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988, and presumption under Section 20 arises only after demand is established....

This reference to a Constitution Bench of the Supreme Court arose from a conflict between three-judge bench decisions regarding the proof of demand of illegal gratification under the Prevention of Cor...

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Supreme Court Allows Lucknow Development Authority's Appeal in Land Acquisition Lapse Case — Possession Taken Prior to 2013 Act Precludes Deemed Lapse Under Section 24(2). Twin Conditions of Non-Possession and Non-Payment Must Be Satisfied for Lapse; Possession Taken in 2003 Vests Land in State....

The case involves an appeal by the Lucknow Development Authority against the judgment of the Allahabad High Court (Lucknow Bench) dated 03.07.2017, which declared that the acquisition of Plot No.219, ...

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Supreme Court Allows State Appeal in Gram Panchayat Adhikari Recruitment Dispute — Waiting List Not Permissible Under 2015 Rules. Division Bench of Allahabad High Court erred in directing consideration of candidates beyond the select list forwarded by the Commission under the Uttar Pradesh Direct Recruitment to Group 'C' Posts (Mode and Procedure) Rules, 2015....

The State of Uttar Pradesh appealed against the Division Bench of the Allahabad High Court's order directing consideration of candidates beyond the select list forwarded by the Uttar Pradesh Subordina...

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Supreme Court Allows State Appeal in Gram Panchayat Adhikari Recruitment Dispute — Waiting List Not Permissible Under 2015 Rules. Division Bench erred in directing consideration of candidates beyond the select list as 2015 Rules override 1978 Rules and do not provide for a waiting list....

The Supreme Court allowed the appeals filed by the State of Uttar Pradesh against the judgment of the Allahabad High Court Division Bench. The dispute arose from the recruitment process for the post o...

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Supreme Court Allows Appeals in NI Act Case: Director Can Be Prosecuted Without Company Being Arraigned as Accused if Complaint Contains Requisite Averments Under Section 141. The Court held that the absence of the company as an accused is not fatal and lack of specific averments can be cured, restoring the summoning order against the director....

The Supreme Court considered appeals against the High Court of Allahabad's judgment quashing criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against a director ...

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Supreme Court Restores POCSO Prosecution Against Doctor for Failure to Report Sexual Assault of Minor Tribal Girls. High Court's Quashing of FIR and Chargesheet Under Section 482 CrPC Set Aside as Premature and Contrary to Legal Obligation Under Section 19(1) POCSO Act....

The Supreme Court allowed the appeal filed by the State of Maharashtra against the judgment of the Bombay High Court (Nagpur Bench) which quashed FIR No.185/2019 and the chargesheet against the respon...