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Supreme Court Allows State Appeal Against High Court Order Setting Aside Rejection of Discharge in Gang Rape Case. High Court Exceeded Revisional Jurisdiction by Reappreciating Evidence at Pre-Charge Stage Under Section 227 CrPC.

The present appeals were preferred by the State of West Bengal against the impugned judgment and order dated 06.05.2022 passed by the High Court at Ca...

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KAHC010022932010_1

A batch of writ petitions was filed under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bangalore, challengi...

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Supreme Court Upholds Rights of Trafficking Victims, Issues Guidelines for Rescue and Rehabilitation. Court Holds That State Must Take Reasonable Measures to Safeguard Right to Rehabilitation Under Article 21.

This Miscellaneous Application arose from a prior disposed Public Interest Litigation regarding human trafficking. The petitioner sought enforcement o...

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Supreme Court Allows Appeals of Temporary AEEs in Panchayat Raj Department — Quashes High Court Order Striking Down Regularization G.O.M. No. 262. Seniority of Pre-1994 Appointees Must Be Counted from Initial Appointment Date, Not Below Later Recruits.

The case involves appeals by temporary Assistant Executive Engineers (AEEs) appointed between 1990-1992 in the Panchayat Raj Department of Andhra Prad...

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High Court of Karnataka Dismisses Revision Petition in Defamation Case — Rejects Application for Production of Mobile Handset as Electronic Evidence. Court holds that Section 391(2) Cr.P.C. cannot be used to compel production of evidence at appellate stage without showing prejudice or tampering.

The case arises from a criminal revision petition filed by Sri G.M. Kumar (petitioner) against Sri Kishan Hegde (respondent) in a defamation matter. T...

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High Court of Karnataka Dismisses Writ Petition Upholding Maintainability of Arbitral Award Execution before Commercial Court. Execution Petition Held Competent Under Section 10(3) of Commercial Courts Act, 2015 as an Application Arising Out of Arbitration, Overruling Objections Based on Order XXI CPC.

Abraham Memorial Education Trust, the petitioner and judgment debtor, challenged an order of the XI Additional District and Sessions Judge (Dedicated ...

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Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case — Managing Director's Authority to File Complaint Upheld. Resolution Authorizing Managing Director to 'Depose and Conduct Proceedings' Held Sufficient to File Complaint Under Section 138 of the Negotiable Instruments Act, 1881.

The appellant, M/s. Sri Balaji Agencies Pvt. Ltd., filed a criminal appeal against the judgment of the Sessions Judge, Panaji, dated 26-9-2008, which ...

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Supreme Court Allows Partial Re-Trial in Criminal Case for Violation of Section 273 CrPC — Accused Not Present During Examination of 12 Witnesses

The Supreme Court considered appeals against the High Court's order directing a partial re-trial in a murder case where 12 prosecution witnesses were ...

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KAHC010211662021_1

Background: The case involves multiple writ petitions filed under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka...