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Bombay High Court Awards Compensation to Widow and Children for Death of Patient in Mental Hospital Due to Negligence. State Held Vicariously Liable for Failure to Provide Adequate Staff and Security at Yerwada Mental Hospital.

The petitioners, the widow and two children of a deceased man, filed a writ petition seeking compensation from the State of Maharashtra and its office...

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Madras High Court Allows Convict's Ordinary Leave for Fertility Treatment in Right to Procreation Case. Right to Procreation Recognized as Fundamental Right Under Article 21 of the Constitution of India, Rejection of Leave Based on Speculative Grounds Set Aside.

The petitioner, Jalani, is the wife of Muthumani, a life convict serving sentence at Central Prison, Madurai. The convict was convicted and sentenced ...

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Madras High Court Allows Undertrial Prisoner to Vote via Postal Ballot in Assembly Elections — Right to Vote Not Extinguished by Detention. Section 62(5) of Representation of the People Act, 1951 does not apply to undertrials; court directs Election Commission to facilitate postal ballot.

The petitioner, Hari Nadar, an undertrial prisoner confined in Central Prison, Puzhal, Chennai, filed a writ petition under Article 226 of the Constit...

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High Court Quashes State Government Order on Premature Release of Convict in Criminal Writ Petition - Order Under Section 433A CrPC Found Erroneous Due to Misapplication of Sentencing Guidelines and Supreme Court Directions.

The petitioner, a 65-year-old convict, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 19th September ...

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Karnataka High Court Upholds Widow's Freedom Fighter Pension Claim Despite Delay and Lack of Co-Prisoner Certificate. State's Rejection Set Aside as Scheme Does Not Require Such Proof for Widows.

The respondent, Smt. Savakka, widow of Dundayya Vibhuthimath, applied for freedom fighters' pension under the Freedom Fighters' Pension Scheme, 1969, ...

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Bombay High Court Allows Petition of Life Convict for Transfer to Open Prison Despite TADA Conviction — Rule 4(ii)(n) of Maharashtra Open Prisons Rules, 1971 Does Not Create Absolute Bar. Court Directs Reconsideration of Representation Within Four Weeks, Citing Good Conduct and Parity.

The petitioner, Sardar S/ Shah Wali Khan, a life convict under the Terrorist and Disruptive Activities (Prevention) Act (TADA) sentenced on 6 June 200...

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Bombay High Court Dismisses Petition Challenging Denial of Remission to Convict Based on Adverse Judicial Appraisal. Remission Under Section 432 CrPC Requires Well-Informed, Reasonable Decision and Judicial Appraisal is a Relevant Factor.

The petitioner, Satish Dada Londhe, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court challen...

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Bombay High Court Dismisses Convict's Petition Challenging Forfeiture of Remission for Overstaying Furlough. Superintendent's Order to Permanently Remove Prisoner from Remission Register Upheld as Valid Under Prison Rules, 1979, Chapter 27, Rule 26(2)(a).

The petitioner, Bhagchand Masicharan Dhilor, was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment in Sessions C...

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Bombay High Court Resolves Conflict on Applicability of Section 167(2)(a)(i) vs (ii) CrPC for Default Bail in Offences Punishable with Life Imprisonment. The court held that life imprisonment is a term of not less than ten years, thus the 90-day period under clause (ii) applies.

The case arose from a reference made by a learned Single Judge of the Bombay High Court while hearing a bail application filed by two accused persons,...