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Bail Granted Due to Long Incarceration. Article 21 of the Constitution of India – Right to Speedy Trial – Bail is the Rule, Jail is the Exception – Long Incarceration Without Trial Violates Fundamental Rights

The prolonged incarceration of an undertrial accused, without reasonable certainty of trial completion, violates Article 21 of the Constitution. (Para...

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Regular Bail Granted — Long Incarceration and Right to Speedy Trial Considered — No Possibility of Early Trial — Allegations of Extortion and Criminal Intimidation — Bail is the Rule, Jail is the Exception — Bombay High Court

The Bombay High Court granted regular bail to Mohammad Khalid Mukhtar Ahmed Shaikh (Accused No.1) due to prolonged incarceration of 4 years, 4 months,...

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"Timely Compliance in Specific Performance: Supreme Court Reiterates Limits and Discretion" "Clarifying the interplay of judicial discretion and statutory provisions under Section 28 of the Specific Relief Act, 1963."

The Supreme Court upheld the decision of the High Court, dismissing revision petitions that sought rescission of contracts for alleged non-compliance ...

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No Vicarious Liability of Company Directors in Environmental Violation.

Quashing of Criminal Proceedings – No Vicarious Liability Without Statutory Provision – The Supreme Court quashed criminal proceedings initiated a...

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"Bombay High Court Dismisses Chamber Summons Filed to Introduce Additional Evidence in Appeal Related to Specific Performance" "Court emphasizes the discretionary nature of Order 41 Rule 27 CPC and deters misuse aimed at prolonging litigation."

The Bombay High Court dismissed a Chamber Summons filed under Order 41 Rule 27(1)(aa) of the CPC by the Appellants seeking to produce additional evide...

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"High Court of Judicature at Bombay Condoned Delay in Form 9A Filing, Emphasizes Judicial Empathy Under Section 119(2)(b)" "Justice for Trusts: Procedural Delays Excused to Mitigate Hardship in Income Tax Compliance"

The petitioner, a registered charitable trust, sought condonation of delay in filing Form 9A under Section 119(2)(b) of the Income Tax Act, 1961, whic...

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Revisional Jurisdiction and Compounding Offences Under Negotiable Instruments Act, 1881. Bombay High Court defines the scope of revisional powers and compounding provisions in cheque dishonor cases.

Legal Issue 1: Whether the High Court in its revisional jurisdiction under Section 397 of the Cr.P.C. can accept consent terms and allow compounding o...

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“Supreme Court Protects Judicial Independence, Expunges Remarks Against Rajasthan Judge” Tagline: Mandatory Bail Application Formats Cannot Curtail Judicial Discretion.

The Supreme Court expunged adverse remarks and directions issued against a District and Sessions Judge for allegedly not adhering to procedural direct...

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Critical Judicial Interpretation of Balancing Legal Framework and Justice Delivery "Exploring the legal nuances and judicial reasoning in a pivotal case."

The judgment elucidates key legal principles while addressing facts and applying relevant sections. It highlights judicial discretion, the interplay b...

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“Fair Hearing, Delayed Resolution: Judicial Discretion in SEBI’s Show-Cause Notice” Balancing justice and due process amidst allegations of delay, laches, and procedural fairness.

The Bombay High Court dismissed a petition challenging a show-cause notice issued by SEBI, emphasizing the need for judicial restraint in interfering...