Search Results for "adverse finding"

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Bombay High Court Quashes Narco Analysis Order Against Accused in Bank Fraud Case — Consent Not Voluntary and Violates Article 20(3). Narco analysis without free consent amounts to testimonial compulsion under Article 20(3) of the Constitution of India.

The petitioner, Mrs. Rajeshree Aman Hemani, was an accused in Criminal Case No.19 of 2005 before the Chief Judicial Magistrate, Nagpur, arising out of...

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Bombay High Court Dismisses Appeals in Land Title Suit — Upholds Trial Court's Finding of Ownership Based on Adverse Possession and Valid Sale Deeds. Community land claim fails as plaintiffs failed to prove title and defendants established possession for over 12 years.

The case involves four first appeals arising from a common judgment of the Civil Judge, Senior Division, Quepem, in two suits (Special Civil Suit No. ...

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Bombay High Court Upholds Termination of Probationary District Judge for Unsatisfactory Performance. Termination under Rule 13(4)(ii)(b) of Maharashtra Judicial Service Rules, 2008 is valid and not stigmatic.

The petitioner, Smt. Smita Rajendra Kadu, was appointed as a District Judge (direct recruitment) under the Maharashtra Judicial Service Rules, 2008. S...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed. Sale Deed of 3/7th Share Validly Executed by Co-owners in Favour of Plaintiff, and Defendant's Possession as Tenant Is Not Adverse to Plaintiff's Title.

The appellant, original defendant No. 1, filed a second appeal against the concurrent judgments of the trial court and the first appellate court in a ...

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Bombay High Court Allows Writ Petition Challenging Refusal to Appoint Recommended Candidate for Judicial Service — Failure to Disclose Adverse Material Violates Natural Justice. The Court Quashed Communications Denying Appointment and Directed Reconsideration After Providing Opportunity of Hearing.

The petitioner, Suhas Arun Malve, an advocate practicing since 2004, applied for the post of Civil Judge, Junior Division and Judicial Magistrate, Fir...