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Bombay High Court Dissents That Designated Court Under MCOC Act Cannot Order Investigation Under Section 156(3) CrPC Without Prior Sanction. Special Court Not a Magistrate and Section 23(1) Bar Overrides Private Complaint Procedure.

The Bombay High Court heard a batch of writ petitions involving a common legal question: whether a designated court under the Maharashtra Control of O...

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Karnataka High Court Examines Challenge to Rejection of Mercy Petition in Death Penalty Case Arising from Conviction Under Struck-Down Section 303 IPC. The petitioner raised multiple supervening circumstances including inordinate delay, solitary confinement, and non-application of mind by the authorities.

The writ petitioner, a 70-year-old death row convict, challenged the rejection of his mercy petition by the President of India dated 04.01.2013, seeki...

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Karnataka High Court Dismisses Writ Petition Challenging Lok Adalat Compromise Decree in Partition Suit: Third Party Not Permitted to Invoke Article 226 Against Lok Adalat Award. Writ Remedy Not Available to Strangers to Decree; Proper Recourse Is to File a Separate Suit for Declaration and Partition.

The writ petition was filed under Articles 226 and 227 of the Constitution of India by five individuals claiming to be members of the same family as t...

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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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High Court of Karnataka Hears Appeal on Maintainability of Writ Petition Against Bar Association. Court Examines Whether Bar Association is Amenable to Writ Jurisdiction Under Article 226 in Dispute Over Co-Option of President.

The appeal arose from the dismissal of a writ petition by a Single Judge of the High Court of Karnataka on the ground of maintainability. The writ pet...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...