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Bombay High Court Dismisses Bank's Petition Challenging Labour Court's Finding of Perversity in Enquiry Officer's Findings. Court upholds that perversity of findings is a jurisdictional fact and Labour Court's conclusion was based on evidence.

The Petitioner-Bank challenged the order of the Labour Court dated 1 September 2023 in Complaint (ULP) No.58 of 2014, which held that the enquiry agai...

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Bombay High Court Dismisses IPS Officer's Challenge to Rejection of Voluntary Retirement. Central Government's Decision to Reject Voluntary Retirement Upheld as Disciplinary Proceedings Were Contemplated and Petitioner Was Not Clear from Vigilance Angle.

The petitioner, a 1997 batch IPS officer of Maharashtra Cadre, filed a petition under Article 226 of the Constitution challenging the order dated 7th ...

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High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity.

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 A...

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Supreme Court Sets Aside High Court's Suspension of Life Sentence in Murder Case — Bail Granted Without Proper Application of Mind. High Court Failed to Consider Seriousness of Offence and Prima Facie Guilt Under Section 302 IPC.

The appellant, Omprakash Sahni, brother of the deceased Manish Kumar, filed appeals against a common order of the Patna High Court suspending the life...

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Supreme Court Dismisses Defendant in Eviction Suit Due to Misuse of Adjournments and Failure to Cross-Examine. Closure of Cross-Examination Right Upheld as Defendant Sought Repeated Adjournments Despite Last Opportunities and Costs, Violating Procedural Cooperation Under Code of Civil Procedure, 1908.

The Supreme Court dealt with a special leave petition challenging orders that closed the defendant's right to cross-examine the plaintiff's witness in...

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Supreme Court Grants Interim Protection to Journalist in Multiple FIR Case Based on News Broadcasts. Court Transfers One FIR for Investigation, Stays Other Proceedings, and Emphasizes Balance Between Freedom of Speech and Criminal Process Under Article 19(1)(a) and Article 32 of the Constitution.

The dispute arose from two news broadcasts by the petitioner, a journalist and editor-in-chief of Republic TV and R Bharat, on 16 April 2020 and 21 Ap...

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High Court of Karnataka Allows DNA Test in Partition Suit to Determine Paternity Under Order 26 Rule 10-A CPC. The court upheld the appellate court's order for DNA testing to establish the relationship between the parties in a partition suit.

The petitioner, Sri Hanumappa, filed a writ petition challenging an order dated 13.1.2014 passed by the Senior Civil Judge at Hiriyur in R.A.No.11/201...

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Bombay High Court Grants Anticipatory Bail to Municipal Councilors in Corruption Case — No Prima Facie Case of Criminal Conspiracy Established. Court held that mere presence at a meeting does not constitute criminal conspiracy under Section 120-B IPC without evidence of prior agreement.

The judgment concerns three criminal applications filed under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail. The appl...