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Supreme Court Sets Aside Bail Granted by Calcutta High Court in Jnaneshwari Express Derailment Case — CBI Investigation Undermined by Premature Release. Reverse Burden of Proof Under Section 436A CrPC Not Applicable Where Investigation Ongoing and Trial Not Commenced.

The Supreme Court heard appeals by the Central Bureau of Investigation (CBI) against the grant of bail to multiple accused persons in connection with ...

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Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Lack of Proximity and Non-Application of Mind. Detention orders set aside as the detenus were not directly involved in smuggling and the detaining authority failed to consider less drastic alternatives.

The Bombay High Court, by a judgment dated 24 January 2014, allowed two criminal writ petitions challenging preventive detention orders passed under S...

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Bombay High Court Dismisses Appeal of Restaurant Bar Challenging ESI Coverage Demand. Establishment Held Covered Under Employees' State Insurance Act, 1948 as Per Inspection Report Showing More Than 10 Employees.

The appellant, M/s. Omarkhayyam Bar & Restaurant, a partnership firm, challenged an order of the Employees' State Insurance Court, Nagpur, which uphel...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

The appellant, Vijay Dhanbahadur Thapa, was convicted by the Special Judge, Mapusa, in Special Criminal Case No. 12/2008 for an offence punishable und...

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Bombay High Court Quashes Absorption Order Against Minority School in Surplus Employee Case. Religious Minority Status Under Article 30(1) Protects Autonomy in Staff Management — Direction to Absorb Caretaker from Closed School Held Unenforceable.

The petitioners, The Canossa Society (a trust registered under the Bombay Public Trust Act, 1950) and The Canossa Special School, challenged an order ...

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Bombay High Court Dismisses Writ Petition of Oral Appointee Sweeper Challenging Termination Without Regularisation. Petitioner failed to establish continuous service of 240 days under Section 25B of Industrial Disputes Act, 1947 and was not a workman under Section 2(s) of the Act.

The petitioner, Ashok Namdeo Sangale, filed a writ petition challenging the judgment and order dated 02/11/2013 of the Central Administrative Tribunal...

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Bombay High Court at Goa Dismisses Revision in Cheque Dishonour Case Due to Failure to Prove Debt. Complainant could not establish that the cheque was issued for a legally enforceable debt or liability as invoices were raised in name of third party, not the accused.

The case involves a criminal revision application filed by the complainant, M/s. Shradha Shipping Co. Pvt. Ltd., against the judgment of the Additiona...