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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 (...

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Supreme Court Upholds Appellant in Service Law Seniority Dispute Based on Select Panel Merit. Seniority of Direct Recruits Determined by Order of Merit in Select Panel Under DoPT OM Dated 3 July 1986, Not Date of Joining, as 1971 Rules Were Silent on Inter-Se Seniority for Combined All India List.

The dispute arose from the Military Engineering Service, where candidates were selected in 1983 for Superintendent posts across five Commands but some...

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Supreme Court Allows Appeals in Food Adulteration Case: Remand Order Set Aside for Violation of Natural Justice. High Court's order setting aside conviction and ordering retrial against company without notice violates Section 401(2) CrPC.

The Supreme Court allowed two appeals arising from a High Court order that set aside the conviction of a nominated officer of Hindustan Unilever Limit...

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Supreme Court Commutes Death Sentence to Life Imprisonment in Rape and Murder of Minor - Rarest of Rare Doctrine Not Satisfied. Circumstantial Evidence and Possibility of Reformation Mitigate Against Death Penalty Under Section 302 IPC.

The Supreme Court of India heard an appeal against the death sentence imposed on Raju Jagdish Paswan for the rape and murder of a 9-year-old girl. The...

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Bombay High Court Quashes Detention Order in MPDA Case for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Order Set Aside as Grounds Were Stale and Irrelevant, Violating Article 22(5) of the Constitution of India.

The petitioner, brother-in-law of the detenu Ganesh Narayan Mane, challenged the detention order dated 08.09.2017 passed by the Commissioner of Police...

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Bombay High Court Dismisses Union of India's Challenge to Tribunal's Re-examination Direction in Postal Recruitment Case. Tribunal's Order to Re-conduct Paper-II Without Disturbing Paper-I Results Upheld as Balanced and Reasonable.

The case involves two writ petitions arising from a common judgment of the Central Administrative Tribunal, Mumbai Bench, dated 31 July 2015, concerni...

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Bombay High Court Dismisses Writ Petition Challenging Termination of Probationer Employee. Termination of a probationer based on unsatisfactory work without stigma does not require a show cause notice or inquiry under Section 59 of the Maharashtra Universities Act, 1994.

The petitioner, Sanjeev L. Tatuskar, was appointed as a probationer on 09/07/1996 for two years at Pune Institute of Computer Technology. His services...