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High Court of Karnataka Dismisses Petition to Cancel Bail of Accused in Sexual Assault Case — No Violation of Bail Conditions Established. Bail granted under Section 439 CrPC cannot be cancelled under Section 439(2) CrPC without evidence of breach of conditions or misuse of liberty.

The petitioner, K Lenin @ Sri Nithya Dharmananda, filed a criminal petition under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC) seekin...

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Supreme Court Upholds Termination of Police Constable for Concealment of Medical Unfitness. Fraudulent Reinstatement Set Aside; No Negative Equality in Appointments Obtained Through Misrepresentation.

The case involves the State of Uttar Pradesh and its police authorities appealing against the reinstatement of a police constable whose services were ...

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High Court of Karnataka Allows Appeal Under Section 454 Cr.P.C. — Sets Aside Confiscation of Rs. 25 Lakhs Deposited by Witness. Confiscation Order Held Without Authority of Law as Money Was Deposited Under Mistaken Order, Not as Fine or Penalty.

The appellant, Shamshad Ahamed, was a witness (PW-122) in a criminal trial (S.C. No. 430 of 2002) involving 33 accused charged with various offences u...

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Supreme Court Modifies Bail Conditions for Foreign Accused in NDPS Case: Embassy Certificate Condition Unworkable, GPS Tracking Violates Article 21. The court held that alternative conditions such as impounding passport and periodic reporting are sufficient to secure the accused's presence.

The appellant, a Nigerian national, was arrested on 21st May 2014 for offences under Sections 8, 22, 23, and 29 of the Narcotic Drugs and Psychotropic...

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High Court of Bombay Upholds Labour Court Award in Favor of Workman in MSRTC Dismissal Case — 25% Back Wages Granted for Procedural Violation. Dismissal Quashed as Enquiry Officer Was Not Appointed by Competent Authority Under Section 6(6) of Industrial Disputes Act, 1947.

The petitioner, the Divisional Controller of Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment and award dated 4.8.2018 of...

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Bombay High Court Allows Criminal Writ Petition Against Police for Illegal Detention and Demanding Bribe. Court holds that arrest without following procedure and detention without production before Magistrate violates Article 21 and Section 57 CrPC.

The petitioners, Rafiq s/o Madar Gowli and Faruq s/o Madar Gowli, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench, alleg...

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Supreme Court Sets Aside High Court's Interim Order Restraining Filing of Charge-Sheet in Property Dispute Case. The Court held that the High Court cannot restrain filing of charge-sheet under Section 193(3) BNSS while a quashment petition is pending, as it affects the statutory right of investigation.

The Supreme Court set aside an interim order of the Allahabad High Court that restrained the investigating officer from filing the charge-sheet in a c...

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Bombay High Court Upholds Dismissal of CRPF Constable for Unauthorized Absence and Refusal to Accept Punishment. Disciplinary proceedings found to be fair and proportionate under CRPF Act and Rules.

The petitioner, Naresh Wasudeo Khanzode, was appointed as a constable in the Central Reserve Police Force (CRPF) on 08.08.2001. In August 2006, he sou...