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Bombay High Court Grants Bail to Approver in MCOCA Case Due to Long Incarceration and No Likelihood of Trial Conclusion. Right to Speedy Trial Under Article 21 Prevails Over Stringent Provisions of MCOCA.

The applicant, Danish Ali Jamaluddin Ahmed, was arrested on 1 December 2018 in connection with FIR No. 326 of 2018 (later renumbered as FIR No. 36 of ...

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Bombay High Court Hears Confirmation Case and Appeal of Police Naik in Mass Killing Incident — Review of Death Sentence Under Section 302 IPC. Court Examines Whether Firing by SRPF Officer at Village Keshori Resulting in Five Deaths Constitutes Offence Punishable with Capital Punishment.

The matter concerned a confirmation case and criminal appeal arising from the judgment of the Additional Sessions Judge, Bhandara, which convicted and...

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Bombay High Court Upholds Injunction Against Developer in Dispute Over Exhausted FSI and Conveyance Rights. Prima Facie, Developer's Attempt to Use TDR for Further Construction on Sector IV-A After Exhausting Consumable FSI Violates Cooperative Housing Societies' Right to Conveyance.

The Bombay High Court dealt with cross-appeals arising from an interim injunction granted in a suit filed by cooperative housing societies against the...

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Supreme Court Allows State's Appeal Against High Court Order Summoning Additional Evidence in Asaram Bapu Conviction Case. Section 391 CrPC Cannot Be Used to Fill Gaps in Prosecution Case or to Introduce Evidence That Could Have Been Produced at Trial.

The Supreme Court allowed the appeal filed by the State of Rajasthan against the judgment of the Rajasthan High Court dated 10.02.2022. The High Court...

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Bombay High Court Suspends Sentence of Appellant Convicted for Rape of Minor Cousin Under POCSO Act and IPC, Grants Bail Pending Appeal. The court considered distinctive facts and no misuse of earlier bail to suspend the sentence under Section 389 CrPC.

The appellant, Arhant Janardan Sunatkari, a 19-year-old student, was convicted by the trial court for committing rape repeatedly on the same woman, an...

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Bombay High Court Upholds Conviction of Four Accused for Murder Under Section 302 IPC in Black Magic Motive Case — Common Intention Established Through Eyewitness Testimony and Recovery of Weapon.

The case involves an appeal by four accused persons against their conviction under Section 302 read with Section 34 of the Indian Penal Code (IPC) and...

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High Court of Karnataka Allows Appeal in Motor Accident Claim — Interim Compensation Under Section 140 MV Act Cannot Be Kept in Abeyance. Tribunal erred in deferring no-fault liability compensation pending final adjudication of main claim petition.

The appellant, K.L. Vidyashankar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for injuries sustained...

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High Court of Karnataka Dismisses Appeal by Corporate Debtor Against Banks in SARFAESI Act Proceedings — Civil Suit Barred Under Section 34 of SARFAESI Act as Alternative Remedy Under Section 17 Before DRT Exists.

The appellant, Kingfisher Airlines Limited, a company registered under the Companies Act, 1956, had availed various credit facilities from a consortiu...

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Bombay High Court Dismisses Appeal Against Refusal of Leave to Execute Consent Decree in Company Liquidation. Consent Decree Declared Void as Fraudulent Preference Under Section 446 of Companies Act, 1956.

The appeal arose from an order of the Company Judge refusing leave under Section 446 of the Companies Act, 1956 to the appellant, Forbes & Company Lim...