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Bail Granted Due to Long Incarceration. Article 21 of the Constitution of India – Right to Speedy Trial – Bail is the Rule, Jail is the Exception – Long Incarceration Without Trial Violates Fundamental Rights

The prolonged incarceration of an undertrial accused, without reasonable certainty of trial completion, violates Article 21 of the Constitution. (Para...

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Supreme Court Set Aside High Court Bail Order for Non-Compliance with Section 45 of Prevention of Money Laundering Act, 2002 (PMLA) – Appeal Allowed – Matter Remanded for Fresh Consideration.

Supreme Court Held That Bail Under PMLA Requires Mandatory Compliance with Twin Conditions Under Section 45 – High Court Order Granting Bail Set Asi...

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Regular Bail Granted — Long Incarceration and Right to Speedy Trial Considered — No Possibility of Early Trial — Allegations of Extortion and Criminal Intimidation — Bail is the Rule, Jail is the Exception — Bombay High Court

The Bombay High Court granted regular bail to Mohammad Khalid Mukhtar Ahmed Shaikh (Accused No.1) due to prolonged incarceration of 4 years, 4 months,...

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Bail Granted Considering Reformative Approach in Light of Applicant’s Young Age Despite Serious Allegations

High Court of Judicature at Bombay emphasized the reformative theory of punishment while granting bail to the accused involved in serious offences und...

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Long Incarceration and Right to Speedy Trial – Bail Granted. High Court of Judicature at Bombay emphasized the fundamental right to speedy trial under Article 21 of the Constitution of India, granting bail due to prolonged incarceration.

The Court acknowledged the Applicant’s long incarceration and the fundamental right to speedy justice. It noted that the case was based on circumsta...

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Supreme Court Dismisses Appeal Challenging Limitation in Arbitration Award Dispute. Applicability of Limitation Act Provisions to Section 34(3) of Arbitration and Conciliation Act Clarified.

Applicability of Section 4 of the Limitation Act to Section 34(3) of the ACA Does Section 4 apply to the additional 30-day condonable period when it ...

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Supreme Court Invalidates Ex Parte Arbitration Awards; Upholds Principles of Party Autonomy

Existence of Arbitration Agreement: Whether the purported arbitration agreement dated 01.04.1957 was valid and enforceable. Unilateral Appointment of ...

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Supreme Court Grants Bail to Accused in NIA Heroin Smuggling Case Due to Lack of Direct Evidence and Prolonged Incarceration. Transnational Narcotics Conspiracy Allegation Fails as No Contraband Linked to Appellant's Consignment and Key Witnesses Not Implicated.

The Supreme Court granted bail to Harpreet Singh Talwar @ Kabir Talwar, accused in a multi-jurisdictional heroin smuggling case investigated by the NI...

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Supreme Court Allows Appeal in Arbitration Appointment Case — High Court Exceeded Section 11 Scope by Excluding Claims as Non-Arbitrable. Court Holds That Referral Court Must Only Examine Existence of Arbitration Agreement, Not Arbitrability of Claims.

The appeal arose from a judgment of the High Court of Delhi dated 06.09.2023, which, while appointing an arbitral tribunal under Section 11 of the Arb...