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Supreme Court Sets Aside Bail Granted by Calcutta High Court in Jnaneshwari Express Derailment Case — CBI Investigation Undermined by Premature Release. Reverse Burden of Proof Under Section 436A CrPC Not Applicable Where Investigation Ongoing and Trial Not Commenced.

The Supreme Court heard appeals by the Central Bureau of Investigation (CBI) against the grant of bail to multiple accused persons in connection with ...

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Bombay High Court Upholds Eviction Decree Against Tenant for Non-User and Landlord's Bonafide Requirement Under Bombay Rent Act. Tenant's occasional use of premises does not constitute continuous residence; landlord's need for own use justified eviction.

The dispute arises from a suit for eviction filed by the landlord (respondent) against the tenant (petitioner) under the Bombay Rents, Hotel and Lodgi...

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Bombay High Court Allows Writ Petition Against Trial Court's Order to Delete Plaint Prayers in Suit for Declaration and Cancellation of Sale Deed. Court Held That Trial Court Cannot Direct Deletion of Prayers Without First Deciding Valuation and Court Fee Issues Under Order VII Rule 11 CPC.

The petitioners, as power of attorney holders of Smt. Manisha Nimbalkar, filed Special Suit No. 325 of 2013 before the Civil Judge, Senior Division, N...

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Bombay High Court Quashes Process Against Police Officer in Complaint by Judicial Officer for Assault on Accused. The court held that a judicial officer should not file a complaint in his own court for an offence alleged against an accused produced before him, as it compromises judicial impartiality.

The applicant, a police officer (PSI), filed a criminal application under Article 227 of the Constitution of India and inherent powers of the High Cou...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Lack of Motive. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The case involves two criminal appeals filed by the appellants against their conviction under Section 302 of the Indian Penal Code, 1860 (IPC) for mur...

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Bombay High Court Allows Revision in NI Act Case, Restores Conviction Despite Change of Magistrate. Section 143 of Negotiable Instruments Act Overrides Section 326(3) CrPC, Succeeding Magistrate Can Proceed on Evidence Recorded by Predecessor.

The petitioner, Shivaji Sampat Jagtap, filed a Criminal Revision Application against the judgment of the Sessions Court which had set aside his convic...

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Bombay High Court Acquits Accused in Rioting and Grievous Hurt Case Due to Unreliable Identification and Inconsistent Medical Evidence. Conviction under Sections 147, 148, 326 read with 149 IPC set aside as prosecution failed to prove individual overt acts and common object beyond reasonable doubt.

The case arises from an incident on 18th June 1993 at about 8:00 p.m. in village Panaj, Tahsil Akot, District Akola, where a group of 13-15 persons al...