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Supreme Court Allows Appeal in IBC Section 7 Case — NCLT Cannot Dismiss Petition Without Applying Mind to Merits. Adjudicating Authority Must Determine Default and Admit or Reject Petition Under Section 7, Not Direct Settlement Without Considering Individual Claims.

The present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) arises from a judgment of the National Company Law Appellate Tri...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Inform Right to Search Before Magistrate Leads to Acquittal. The court held that non-compliance with Section 50 of the NDPS Act, 1985, vitiates the trial and entitles the accused to acquittal.

The case involves four criminal appeals filed by individuals convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for p...

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Bombay High Court Quashes FIR in Abetment of Suicide Case Due to Absence of Proximate Link Between Alleged Acts and Suicide. Loan Recovery Harassment Not Sufficient to Attract Section 306 IPC Without Direct Instigation or Active Participation.

The petitioners, Shripal Gangappa Chougule and Laxman Raghunath Choudhari, filed a criminal writ petition under Article 226 of the Constitution of Ind...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Rejection by Tribunal — Involvement of Vehicle and Negligence Established. Tribunal Failed to Decide Quantum of Compensation, Leading to Remand.

The appellants, the widow and minor sons of Nilesh Arlekar, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation for his dea...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dacoity Case Due to Lack of Identification and Recovery. Identification of accused not established beyond reasonable doubt as test identification parade was not conducted and recovery of stolen articles was not proved.

The State of Maharashtra appealed against the judgment of the Additional Sessions Judge, Greater Mumbai, dated 4th August 1998, in Sessions Case No.33...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Search and Seizure Conducted Without Proper Authorization and Without Informing Accused of Right to be Searched Before a Gazetted Officer or Magistrate.

The appellant, Essop Casoojee, a South African national, was convicted by the Special Judge, Greater Mumbai in NDPS Special Case No.78 of 2002 for off...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Identification and Lack of Corroboration — Conviction under Section 302 IPC Set Aside as Sole Testimony of Mother Found Insufficient Without Independent Witnesses or Medical Corroboration.

The appellant, Rakesh Vilas Jadhav, was convicted under Section 302 of the Indian Penal Code for the murder of Sunil and sentenced to life imprisonmen...

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Bombay High Court Upholds Conviction for Rape and Criminal Intimidation in Repeated Sexual Assault Case. Victim's Testimony Found Credible Despite Delay in FIR, Medical Evidence of Pregnancy Corroborates Prosecution Case Under Sections 376 and 506(i) IPC.

The appellant, Mahadev Kondiba Jagtap, was convicted by the 1st Adhoc Additional Sessions Judge, Solapur in Sessions Case No.306 of 2009 for offences ...