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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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Supreme Court Strikes Down Caste-Based Discrimination in Prison Manuals as Unconstitutional. Prison Rules Dividing Labour and Segregating Barracks by Caste Violate Articles 14, 15, 17, 21, and 23 of the Constitution.

The petitioner, Sukanya Shantha, a journalist, filed a writ petition under Article 32 of the Constitution seeking directions for the repeal of offendi...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Full Bench of Bombay High Court Determines Reference on Maintainability of Section 18 Reference Under Land Acquisition Act, 1894 After 2013 Act Came into Force. Key Issue Involves Whether Landowners Can Seek Enhancement Under Old Act When Award Passed After Commencement of 2013 Act.

Background: The matter arose from a land acquisition proceeding initiated by the Pune Municipal Corporation under the Land Acquisition Act, 1894. A no...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Bombay High Court Awards Compensation for Illegal Arrest and Detention by Executive Magistrate in Chapter Proceedings. Petitioner's Fundamental Right to Life and Liberty Under Article 21 Violated as Order Under Section 122 CrPC Passed Without Proper Inquiry Under Section 111 CrPC.

The petitioner, Amol Bharat Khule, filed a Criminal Writ Petition under Article 226 of the Constitution of India and Section 482 of the Criminal Proce...

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The High Court of Karnataka Division Bench heard writ appeals against the order of the learned Single Judge in a service matter involving judicial officers. The appeals were filed under Section 4 of the Karnataka High Court Act, 1961, challenging the order dated 27-09-2013 in WP Nos. 41684-691/2012.

These writ appeals, filed under Section 4 of the Karnataka High Court Act, 1961, arise from a common order dated 27-09-2013 passed by a learned Single...