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High Court of Karnataka Quashes Preventive Detention Order for Non-Communication of Right to Representation and Mechanical Confirmation. Detenu's Right to Make Representation Under Section 8 of Karnataka Prevention of Dangerous Activities Act, 1985 Was Not Communicated, Rendering Detention Illegal.

The writ petition was filed by Smt. Prathiba Talapati, wife of the detenu Sri. Dawood Nadaf, challenging the preventive detention order dated 03.06.20...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Deemed Deceased a Bona Fide Passenger Based on Ticket Found in Wallet. Death from Falling from Train Constitutes Untoward Incident Under Section 123(c)(2) of Railways Act, 1989.

The appellants, Narayan Doye and Kanta Doye, are the parents of the deceased Dindayal Doye. They filed a claim before the Railway Claims Tribunal, Nag...

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Bombay High Court Allows Victim's Appeal Against Acquittal Under Proviso to Section 372 CrPC — Condonation of Delay Granted. The court held that the victim's right to appeal is independent and delay can be condoned if sufficient cause is shown.

The petitioner, Parbhani District Central Bank Ltd., through its Assistant Manager Digambar s/o Madanrao Parve, filed a criminal writ petition challen...

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High Court of Bombay at Aurangabad Dismisses Appeals of Convicted Appellants in Murder Case — Delay in Recording Statement of Seriously Injured Witness Held Not Fatal When Medical Assistance Prioritized. Witness Credibility Not Affected by Minor Omissions if Medical Evidence Corroborates Injuries.

The High Court of Bombay at Aurangabad decided two criminal appeals arising from the judgment of the Sessions Court in Sessions Case No. 1 of 2008, wh...

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Supreme Court Examines Culpability for BMW Hit-and-Run: State Appeals Against High Court's Reduction of Conviction from Section 304 Part II to Section 304A IPC. The Core Issue is Whether the Accused Had Knowledge of Likely Death to Attract the Graver Offence.

The case arose from a fatal motor accident involving a BMW car driven by the respondent, Sanjeev Nanda, on the night of 9/10 January 1999 in New Delhi...

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Supreme Court Quashes Externment Order Under Maharashtra Police Act, 1951 Due to Lack of Credible Evidence and Procedural Lapses. Externment Order Based on Acquitted Case and Confidential Statements Without Substantive Proof is Unsustainable Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951.

The dispute arose from an externment order issued against the appellant under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951, directing him t...

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Supreme Court Upholds Compulsory Retirement of Railway Protection Force Constable for Gross Neglect of Duty and Abuse of Authority. High Court's Reinstatement Order Set Aside for Exceeding Writ Jurisdiction by Reappreciating Evidence.

The case arose from disciplinary proceedings against Rajendra Kumar Dubey, a Constable in the Railway Protection Force (RPF), who was charged with gro...

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Bombay High Court Allows Appeal in Railway Accident Case — Death of Passenger from Fall from Train Held Untoward Incident. Bona Fide Passenger Status Established Despite Lost Ticket, Entitled to Compensation Under Railways Act, 1989.

The appellants, parents of deceased Swapnil Patil, filed a claim before the Railway Claims Tribunal alleging that their son died after falling from a ...

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Supreme Court Allows Appeal in Pension Dispute: Patna High Court Had Territorial Jurisdiction to Entertain Writ Petition Challenging Stoppage of Pension. Part of Cause of Action Arose Where Pension Was Received and Stopped, Not Where Employment Was Served.

The appeal arose from a judgment of the Patna High Court dismissing a Letters Patent Appeal against a Single Judge's order that had dismissed a writ p...