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Supreme Court Reviews Its Own Guidelines on Arrest and Anticipatory Bail Under SC/ST Act. Directions Requiring Preliminary Enquiry and Approval for Arrest Quashed as Legislative Overreach, but Anticipatory Bail Direction Upheld.

The Union of India filed a review petition against the Supreme Court's judgment dated 20.3.2018 in Criminal Appeal No.416 of 2018, which had issued gu...

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Supreme Court Upholds Section 18A of SC/ST Act Against Challenge of Unconstitutionality — Amendment Restores Pre-Dr. Subhash Kashinath Position After Review

The petitioners challenged the constitutional validity of Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 198...

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High Court of Karnataka Declares Demolition of Shop without Notice Illegal under Section 23 of Karnataka State Highways Act, 1964. Tenant's Possession Protected When Authorities Demolish Building Without Following Procedural Mandate.

The petitioner was a tenant running a textile shop in a building at Magadi Town, measuring 19 feet by 76 feet, referred to as Schedule-B property. He ...

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Bombay High Court Allows Habeas Corpus Petition Against Illegal Police Detention After Judicial Remand. Detention in Police Lockup Despite Order of Judicial Custody Found to Violate Constitutional Rights; COVID-19 Testing Requirement Not a Justification.

The petitioner, wife of the accused Mohd. Usman Shaikh, filed a writ petition under Article 226 of the Constitution of India seeking a writ of habeas ...

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Supreme Court Allows Appeal of Judicial Officer Discharged During Probation and Quashes Discharge Order. Discharge Based on Bail Order and Pending Inquiry Without Hearing Violates Natural Justice and Is Arbitrary Under Rajasthan Judicial Services Rules, 2010 and Article 233 of Constitution of India.

The dispute involved a judicial officer appointed as an Additional District Judge in 2013 under the Rajasthan Judicial Services Rules, 2010, who was d...

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Supreme Court Considers Suo Motu Reference on Summoning Advocates During Investigation; Examines Scope of Advocate-Client Privilege and Need for Guidelines to Prevent Coercive Summons. Court Addresses Legality of Direct Summons to Lawyers Under Section 179 BNSS and Absence of Judicial Oversight.

The Supreme Court initiated suo motu proceedings following a reference from a two-judge bench in a Special Leave Petition challenging a notice issued ...

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Bombay High Court Dismisses Owner's Application to Vacate Arrest of Vessel in Bunker Supply Dispute. Maritime Lien for Bunkers Supplied to Bareboat Charterer Attaches to Vessel Irrespective of Ownership.

The plaintiff, Peninsula Petroleum Ltd., an Irish company, filed an admiralty suit claiming unpaid price for bunkers supplied to the vessel m.v. Geowa...

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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...