Search Results for "Trial Fairness"

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Karnataka High Court Examines Challenge to Rejection of Mercy Petition in Death Penalty Case Arising from Conviction Under Struck-Down Section 303 IPC. The petitioner raised multiple supervening circumstances including inordinate delay, solitary confinement, and non-application of mind by the authorities.

The writ petitioner, a 70-year-old death row convict, challenged the rejection of his mercy petition by the President of India dated 04.01.2013, seeki...

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Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

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Bombay High Court Allows Criminal Writ Petition Challenging Sessions Court's Revision Order Against Issuance of Process. Order of Issuance of Process Under Section 204 CrPC is Interlocutory and Not Revisable Under Section 397(2) CrPC.

The petitioner, Sharad Vasant Sawant, filed a complaint under Sections 406 and 420 read with 34 of the Indian Penal Code, 1860 against respondent nos....

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Bombay High Court Allows Revision Application in Civil Procedure Matter — Section 9A CPC Repealed. Preliminary Issue on Jurisdiction Cannot Be Decided Under Repealed Provision; Trial Court Directed to Decide Jurisdiction Along with Other Issues.

The case involves a Civil Revision Application filed by Madhuri Prabhakar Patole against Aruna Satishchandra Gaikwad, challenging an order of the Civi...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Possession and Damages. Defendant's Possession Not Protected Under Section 53A of Transfer of Property Act, 1882 Due to Breach of Contract and Non-Performance.

The case involves a second appeal filed by the original plaintiff, Deorao Balaji Bhoyar (since deceased, through legal representatives), against the j...

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Bombay High Court Allows Appeal by Paternal Grandmother in Guardianship Dispute Over Minor Child — Welfare of Child Paramount. Custody granted to paternal grandmother as maternal grandmother failed to prove her as a fit guardian under Guardians and Wards Act, 1890.

The case involves a dispute between the paternal grandmother (appellant) and the maternal grandmother (respondent) over the guardianship of a minor gi...