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CRIMINAL WRIT PETITION NO.3388 OF 2024

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High Court of Karnataka Appoints Wife as Guardian of Comatose Husband and Directs Banks to Release Funds for Treatment and Livelihood. Court exercises parens patriae jurisdiction under Article 226 of the Constitution of India to appoint guardian for incapacitated person and issue mandamus to banks.

The petitioner, Sandya Anilkumar, wife of Dr. Anil Kumar H.V., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a...

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Supreme Court Dismisses Appeal Against Initiation of CIRP Against Corporate Debtor Despite Payment by Guarantor's Resolution Applicant. Right of Subrogation Under Section 140 of Indian Contract Act, 1872 Not Available Where Resolution Plan Extinguishes Guarantee and No Payment of Entire Debt.

The case involves an appeal against the initiation of Corporate Insolvency Resolution Process (CIRP) against the 2nd respondent, Gujarat Hydrocarbon a...

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High Court Acquits Sub-Registrar in Corruption Case Due to Unreliable Trap Witness. Conviction under Sections 7 and 13(2) of Prevention of Corruption Act, 1988 set aside as demand and acceptance of bribe not proved beyond reasonable doubt.

The appellant, Mohan Bhaiyyalal Shrivastava, was a Sub-Registrar at Barshitakli, Akola. He was convicted by the Special Judge, Akola in Special Case N...

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Bombay High Court Acquits Accused in Murder and Kidnapping Case Due to Lack of Credible Evidence and Doubtful Identification. Conviction under Sections 302, 307, 363 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Smt. Sangita Vilas Kiwade, was convicted by the Additional Sessions Judge, Pune in Sessions Case No. 137/2011 for offences under Sectio...

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Supreme Court Reinstates Specific Performance Decree in Land Sale Agreement Dispute. Trial Court's Discretion to Enhance Sale Consideration Upheld as Plaintiff Demonstrated Readiness and Willingness Under Specific Relief Act, 1963.

The dispute arose from an agreement to sell dated 07.08.2005, where the defendants agreed to sell land to the plaintiff for Rs. 8,750 per cent, with a...

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Bombay High Court Dismisses Landlord's Revision in Rent Suit — No Willful Default or Bona Fide Need Established. Landlord failed to prove willful default in payment of rent and bona fide need for personal use under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The applicant, Surgonda Kalgonda Patil, was the original plaintiff who filed a suit for possession of suit premises and recovery of arrears of rent ag...

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Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption Under Section 139 of NI Act Shifts Burden on Accused, Which Was Not Discharged.

The appellant, Mohammad Murtuza Mohammad Yusuf, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, G...