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KAHC010168012022_1

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Supreme Court Allows Transfer of Murder Trial from West Bengal to Assam Due to Apprehended Bias and Mala Fide State Action. State's Attempt to Withdraw Prosecution Under Section 321 CrPC Set Aside as Arbitrary, and Trial Court's Conduct Raises Doubts on Fair Trial.

The case arises from a transfer petition filed by Afjal Ali Sha, brother of the deceased Kurban Sha, seeking transfer of the murder trial (S.T. No. 1 ...

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Bombay High Court Dismisses Bail Application of Accused in UAPA Case on Grounds of Parity and Merits. Parity with co-accused granted bail is not a valid ground when the applicant's role is distinct and the first bail application was rejected on merits.

The applicant, Dr. Gokarakonda Naga Saibaba, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking bail i...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Quashes Criminal Proceedings in WhatsApp Post Case Due to Lack of Intent and Poor Investigation. Forwarding an objectionable post without deliberate and malicious intention does not attract Sections 295-A, 153-A IPC and Section 3(v) of SC/ST Act.

The applicant, Dnyaneshwar Rohidas Wakale, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of crimina...

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High Court of Bombay Considers Appeal Against Rejection of Bail in Malegaon Bomb Blast Case. Accused Charged Under Unlawful Activities (Prevention) Act and Other Serious Offences Seeks Release Pending Trial.

The appeal arose from the rejection of a bail application by the Special Court under the Maharashtra Control of Organized Crime Act, 1999 and the Nati...

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Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Atrocities Case Due to Lack of Prima Facie Intent to Humiliate on Caste Basis. Alleged Incident of Road Rage and Abusive Language Not Sufficient to Attract Section 3(1)(r)(s) of SC & ST (Prevention of Atrocities) Act, 1989.

The appellant, Lahu Vitthalrao Bhosale, filed an appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act...

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Bombay High Court Quashes Appointment of Public Prosecutor for Pune District Due to Non-Compliance with Section 24 CrPC. Appointment made without consulting the Advocate General and without considering eligible Additional Public Prosecutors violates statutory requirements.

The petitioner, Mrs. Neelima Sadanand Vartak, an Additional Public Prosecutor in Pune District since 1986, challenged the notification dated 1st June ...