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Bombay High Court Grants Bail to Accused in Murder Case Due to Long Incarceration and Speedy Trial Violation. Right to Personal Liberty Under Article 21 Prevails Over Gravity of Offence in Circumstantial Evidence Case Based on Last Seen Theory.

The applicant, Santosh Pralhad Waghmare, was arrested on 26 March 2017 in connection with C.R. No.76 of 2017 registered at Hill Line Police Station fo...

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Bombay High Court Grants Bail to Under-Trial Accused in Murder Case Due to 9-Year Incarceration and HIV Condition. Long Incarceration Violates Right to Speedy Trial Under Article 21; Bail Granted Under Section 439 Cr.P.C.

The applicant, Ganesh Madhukar Mendarkar, filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection wi...

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High Court of Karnataka Quashes Trial Court Orders for Lack of Jurisdiction — Orders Passed Without Deciding Application for Rejection of Plaint Under Order VII Rule 11 CPC Are Illegal. Trial Court Must First Decide Preliminary Issue of Jurisdiction Before Proceeding with Interim Applications.

The petitioners filed writ petitions under Article 227 of the Constitution of India challenging orders dated 13.04.2017 and 17.07.2017 passed by the X...

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Bombay High Court Upholds Conviction for Murder Based on Circumstantial Evidence and Motive of Suspicion of Character. Appellant convicted under Section 302 IPC for murder of his sister with axe due to suspicion about her character.

The appellant, Pramod @ Pintya s/o Bhaurao Bodkhe, was convicted by the Additional Sessions Judge, Darwha, District Yavatmal, in Sessions Trial No.10/...

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High Court of Karnataka Quashes Wakf Act Proceedings Against Accused Due to Lack of Sanction Under Section 104 of Wakf Act, 1995. Mandatory Sanction Requirement Under Section 104 of Wakf Act, 1995 Cannot Be Dispensed With for Prosecution Under Section 52-A of the Act.

The petitioner, Shri Sayyad Murtuza Sayyad Kasim Khaji, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking q...

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Bombay High Court Dismisses Petition Seeking Return of Plaint in Specific Performance Suit, Holds Dispute Falls Within Commercial Dispute Definition. Agreement for Development of Land Involves Commercial Activity Under Section 2(1)(c)(vii) of Commercial Courts Act, 2015.

The petitioner, original defendant no.3(a) to 3(c) in a suit for specific performance of a development agreement dated 1st October 2014, filed a writ ...

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Bombay High Court Allows Safai Kamacharis' Petition Against Arbitrary Termination by Municipal Corporation. Contractual Termination Set Aside for Violation of Natural Justice and Right to Livelihood Under Article 21.

The petitioners, nineteen individuals, were working as safai kamacharis (sanitation workers) on a contract basis with the Pimpri Chinchwad Municipal C...