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Bombay High Court Dismisses Notice of Motion in Suit for Specific Performance — Plaintiffs Fail to Establish Prima Facie Case for Injunction Against Developer. Agreement for Sale Not Concluded as Essential Terms Remained Unsettled, No Enforceable Contract Under Specific Relief Act, 1963.

The plaintiffs, a group of 52 individuals, filed a suit for specific performance of an alleged agreement for sale of flats in a building to be constru...

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Madras High Court Dismisses Writ Petition Seeking Refund of Excess Hoarding Fees as Disputed Facts Not Triable Under Article 226. Petitioner Granted Liberty to Approach Civil Court as Entitlement to Refund Requires Adjudication of Unverified License Conditions and Agreements.

The petitioner, a proprietary concern engaged in advertising, filed a writ petition under Article 226 of the Constitution seeking a mandamus directing...

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Supreme Court Grants Bail to UAPA Accused After 5 Years of Pre-Trial Detention, Upholding Right to Speedy Trial Under Article 21. The Court held that prolonged incarceration without trial conclusion infringes fundamental rights, and granted bail despite the seriousness of Naxalite-related charges.

The Supreme Court allowed the appeal of Tapas Kumar Palit, who was in custody as an undertrial prisoner since 24 March 2020 in connection with a case ...

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Supreme Court Dismisses DISCOM's Appeal in Solar PPA Force Majeure Dispute — Restrictive Appellate Jurisdiction Under Section 125 of Electricity Act, 2003 Affirmed. Government Delays in Approvals Constitute Force Majeure; No Tariff Reduction or Liquidated Damages When Developer Not at Fault.

The Supreme Court of India dismissed appeals by Bangalore Electricity Supply Company Limited (BESCOM) against an order of the Appellate Tribunal for E...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 377 IPC and Sections 3 and 4 of POCSO Act set aside as testimonies of child victims were contradictory and unsupported by medical evidence.

The appellant, Navin Dhaniram Baraiye, was convicted by the Additional Sessions Judge, Nagpur in Special POCSO Case No. 218/2016 for offences under Se...

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Bombay High Court Quashes FIR in Outraging Modesty Case Due to Inordinate Delay and Lack of Credible Evidence. Complaint filed after 8 months without explanation for delay and with contradictory statements leads to quashing under Section 482 CrPC.

The petitioner, Dr. Prakash Kanhayalal Kankaria, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking qua...

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Bombay High Court Allows Withdrawal of Writ Petition in Municipal Corporation Dispute — Petitioner Seeks to Pursue Alternative Remedy Before Civil Court. Court permits withdrawal with liberty to file civil suit, holding that pendency of writ petition does not bar civil remedy.

The petitioners, Jhalak Constructions through its partners Naresh Harumal Wadhwani and Sagar Mukesh Wadhwani, filed a writ petition before the Bombay ...