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Supreme Court Allows State Appeal Against High Court Order Permitting Recall of Prosecutrix for Cross-Examination in Rape Case. Section 311 CrPC Recall Allowed Only if Testimony is Essential for Just Decision and Not to Fill Gaps in Defence.

The present appeal arises from a judgment of the High Court of Tripura which set aside the Trial Court's order rejecting an application under Section ...

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Supreme Court Reverses High Court Order Condoning 1312-Day Delay in Setting Aside Exparte Decree for Specific Performance. Delay Not Explained and Application Found to be an Afterthought.

The case arises from a suit for specific performance of a sale agreement executed in 2013. The plaintiff (appellant) agreed to purchase property joint...

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Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

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Bombay High Court Grants Bail to Accused in 2012 Pune Bomb Blast Case Due to Long Pre-Trial Detention of Over 9 Years and Weak Evidence of Involvement. Prolonged detention without trial violates right to speedy trial under Article 21; bail granted under Section 21(4) of NIA Act.

The appellant, Munib Memon, was arrested in connection with the 2012 Pune bomb blast case (German Bakery blast) and had been in judicial custody for a...

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Supreme Court Sets Aside High Court Order in Election Petition Due to Delay in Reasoned Judgment. High Court's Oral Pronouncement Without Reasons Violates Principles of Natural Justice and Statutory Requirement for Expeditious Proceedings Under Section 86(7) of Representation of the People Act, 1951.

The Supreme Court addressed an appeal arising from proceedings in an election petition filed before the High Court for Telangana at Hyderabad. The app...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Suit — Limitation Period for Challenge to Auction Sale Under Article 137 of Limitation Act Is Three Years from Date of Sale Confirmation

The appellant, R Venkatapathy, filed a suit (O.S. No. 8639/2006) before the City Civil Court, Bangalore, challenging the auction sale of property cond...

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Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...