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Supreme Court Reviews Its Own Guidelines on Arrest and Anticipatory Bail Under SC/ST Act. Directions Requiring Preliminary Enquiry and Approval for Arrest Quashed as Legislative Overreach, but Anticipatory Bail Direction Upheld.

The Union of India filed a review petition against the Supreme Court's judgment dated 20.3.2018 in Criminal Appeal No.416 of 2018, which had issued gu...

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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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Bombay High Court Allows Writ Petition in Insurance Claim Dispute — Mandamus Issued for Reimbursement of Neonatal Treatment Expenses. Clause 3.11 of Mediclaim Policy Interpreted to Cover New-Born Babies from Birth, Not After 90 Days.

The petitioner, Rita Kirit Joshi, held two Mediclaim policies with New India Assurance Company (respondent no. 1) covering herself and her family. She...

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Bombay High Court Examines Validity of Arbitration Reference and Anti-Suit Injunction in Wind Turbine Technology Licensing Dispute. The Core Issue Revolves Around Whether an Unincorporated IPLA Constitutes a Binding Arbitration Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The dispute arose from a joint venture between Enercon (India) Ltd. and its directors (Petitioners) and Enercon GmbH and Wobben Properties GmbH (Respo...

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Supreme Court Upholds Union of India in Section 17A Challenge — Prior Approval Requirement for Investigating Public Servants is Constitutionally Valid. Read Down to Mandate Independent Screening; Lokpal to Approve for Covered Public Servants.

The writ petition was filed by the Centre for Public Interest Litigation challenging the constitutional validity of Section 17A of the Prevention of C...

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Bombay High Court Hears Challenge to Reservation in Promotion Policy of Mumbai Port Trust; Office Memorandum Dated 21 January 2002 Under Scrutiny. Petitioners Allege Violation of M. Nagaraj Principles and 100% Reservation for SC/ST in Office Superintendent Cadre.

The writ petition was filed by the Mumbai Port Trust Non SC/ST Employees Association, an association registered under the Trade Unions Act representin...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...