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Supreme Court Dismisses Appeal by Employer in Arbitration Award Dispute — Award Upheld as No Error of Law Apparent on Face. Arbitrator's Award Not Set Aside Despite Limitation Defense Under Section 326 of U.P. Act 2 of 1916; No Legal Proposition Formed Basis of Award.

The dispute arose from a construction contract for pumping stations and reservoirs at Kanpur between the appellant, Kanpur Nagar Mahapalika (formerly ...

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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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High Court of Karnataka Acquits Accused in Grievous Hurt Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Section 326 read with Section 34 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The judgment pertains to two connected criminal appeals arising from a single incident. Criminal Appeal No.876 of 2013 was filed by the accused (Iqbal...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Bombay High Court Allows Default Bail to Accused Arrested After Charge-Sheet Filing in Further Investigation. Right to Default Bail Under Section 167(2) CrPC Applies to Accused Arrested During Further Investigation, Not Extinguished by Prior Charge-Sheet Filing.

The Bombay High Court, in a referral order, resolved a conflict between two Single Judge decisions regarding the applicability of default bail under S...

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High Court of Karnataka Hears Consolidated Writ Petitions Challenging Forest Development Tax Notification Under Karnataka Forest Act. Petitioners Contended That the Levy on Mineral-Bearing Land Violated Article 246, Entry 54 of Union List, and Forest Conservation Act, 1980.

The High Court of Karnataka, Bengaluru, heard a batch of writ petitions filed under Articles 226 and 227 of the Constitution of India by several minin...

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Bombay High Court Acquits Accused in 1992 Riots Case Due to Unreliable Identification and Delayed FIR. Conviction under Section 326 IPC for causing grievous hurt with dangerous weapon set aside as identification parade was not conducted and FIR was lodged 10 days after incident.

The appellant, Abdul Gani Kamruddin Mulla, was convicted by the Sessions Court for offences under Sections 326 and 452 of the Indian Penal Code, 1860,...