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Bombay High Court Upholds Externment Orders Under Maharashtra Police Act — Clarifies Conditions for Section 56(1)(a) and (b) and Requirement of Witness Fear. The court held that each clause has distinct requirements and the authority must apply mind to proportionality and natural justice.

The judgment concerns three criminal writ petitions challenging externment orders passed under Section 56(1)(a) and (b) of the Maharashtra Police Act,...

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Bombay High Court Dismisses Petitions Challenging Transfer of Zilla Parishad Teachers to State Government — Transfer Policy Upheld as Administrative Decision Not Requiring Prior Consultation with Teachers' Unions.

The petitioners, various teachers' unions and associations, filed writ petitions challenging the transfer of Zilla Parishad primary school teachers to...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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High Court of Karnataka Allows Writ Petition Challenging Rejection of Application to Recall Witnesses in Civil Suit. Court holds that trial court erred in dismissing IA for recall of PW-1 for further cross-examination without considering the principles of natural justice and fair opportunity.

The petitioners, who are the plaintiffs in O.S.No.4067/2009 pending before the XV Additional City Civil and Sessions Judge, Bengaluru, filed a writ pe...

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Bombay High Court Allows Victim Compensation Appeals Under Section 357A CrPC — State Must Compensate Victims Even if Accused Acquitted or Untraced. The court held that victim compensation is a mandatory duty of the State, not dependent on conviction of the accused.

The judgment concerns four criminal appeals (Criminal Appeal Nos. 991, 992, 331, and 854 of 2011) heard together by the Bombay High Court. The appeals...

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Bombay High Court Dismisses Petition Challenging DRAT Order Rejecting Condonation of 856-Day Delay in Filing Appeal Against Decree on Admission. Petitioner's Withdrawal of Timely Appeal and Subsequent Delay Not Justified as Sufficient Cause Under Section 5 of Limitation Act, 1963.

The Petitioner, MSTC Limited, a Government of India Enterprise, filed a Writ Petition challenging the order dated 9 November 2022 passed by the Debt R...