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Bombay High Court Dissents That Designated Court Under MCOC Act Cannot Order Investigation Under Section 156(3) CrPC Without Prior Sanction. Special Court Not a Magistrate and Section 23(1) Bar Overrides Private Complaint Procedure.

The Bombay High Court heard a batch of writ petitions involving a common legal question: whether a designated court under the Maharashtra Control of O...

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High Court of Judicature at Bombay Directs State Government to Expedite Land Allotment for New High Court Complex in PIL on Court Infrastructure. Need for Adequate Judicial Infrastructure Recognized as Fundamental to Rule of Law; State Obligated to Provide Suitable Premises.

This Public Interest Litigation was filed by an advocate practicing at the Bombay High Court, seeking a writ of mandamus directing the State Governmen...

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Bombay High Court Quashes Suspension of Ph.D. Student in TISS Disciplinary Case — Violation of Natural Justice and Proportionality. Empowered Committee Report and Suspension Order Set Aside for Lack of Fair Procedure and Disproportionate Penalty.

The Petitioner, Ramadas KS, a Ph.D. student at Tata Institute of Social Sciences (TISS), challenged the report of the Empowered Committee dated 17.04....

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Gujarat High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Witnesses and Lack of Motive. The Trial Court's finding that the prosecution failed to prove guilt beyond reasonable doubt was not perverse, and the High Court declined to interfere under Section 378 CrPC.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 31.0...

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Supreme Court Upholds Death Sentence of 26/11 Terrorist in Mumbai Attacks Case. Court Dismisses State's Appeal Against Acquittal of Co-Accused Due to Insufficient Evidence, Finding No Perversity in Trial Court's Decision.

The Supreme Court dealt with appeals arising from the 26/11 Mumbai terror attacks. The appellant, Mohammed Ajmal Kasab, a Pakistani national, was conv...

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Bombay High Court Hears Constitutional Challenge by Repeat Rape Convicts Against Section 376-E IPC. Sentencing Provision for Life Imprisonment for Repeat Sexual Offenders Alleged to be Arbitrary and Lacking Procedure.

Three writ petitions tagged together challenge the constitutional validity of Section 376-E of the Indian Penal Code, 1860 (IPC), inserted by the Crim...

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Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...