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Karnataka High Court Division Bench Hears Revenue’s Appeals Against Single Judge’s Order Quashing Section 153C Notices; Weighs Maintainability of Writ Petitions and Natural Justice Concerns.

The present judgment arises from a batch of writ appeals filed by the Revenue against a common order dated 12.08.2022 passed by a Single Judge of the ...

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Supreme Court Grants Bail to Former Minister in PMLA Case Due to Prolonged Incarceration and Delay in Trial. Right to Speedy Trial Under Article 21 Prevails Over Twin Conditions Under Section 45 PMLA Where Trial of Scheduled Offences is Unlikely to Conclude in Near Future.

The appellant, V. Senthil Balaji, a former Transport Minister of Tamil Nadu, was arrested on 14 June 2023 by the Enforcement Directorate (ED) in conne...

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Supreme Court Dismisses Special Leave Petition in UAPA Case Against High Court Remand Order. High Court's Setting Aside of Discharge and Remand for Fresh Hearing on Framing of Charge Under Sections 120B, 124A, 153A, 153B IPC and Sections 18, 39 UAPA Does Not Warrant Interference at Special Leave Stage.

The dispute arose from a criminal case involving allegations under the Indian Penal Code, 1860 and The Unlawful Activities (Prevention) Act, 1967. The...

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Karnataka High Court Allows Appeal and Remands Murder Case for Fresh Trial Due to Denial of Fair Trial. Conviction Under Sections 498A and 302 IPC Set Aside as Non-Examination of Medical and Forensic Witnesses and Non-Marking of Postmortem Report Vitiates Trial and Violates Article 21.

The appeal arose from a judgment of the IV Additional District and Sessions Judge, Madhugiri, which convicted the appellant, the husband of the deceas...

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High Court of Karnataka Dismisses Petition to Quash Corruption Case Against Judicial Officer. Sanction for Prosecution Under Section 19 of Prevention of Corruption Act, 1988 is Not Required at FIR Stage.

The petitioner, Sharanappa, a judicial officer in the cadre of Senior Civil Judge, was under suspension on allegations of demanding and accepting a br...

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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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Supreme Court Cancels Bail Granted to Accused in Double Murder Case Due to Non-Application of Mind by High Court — Emphasizes Need for Detailed Reasoning in Bail Orders Under Section 439 CrPC

The present appeals arise from four orders of the Allahabad High Court granting regular bail to Waseem, Nazim, Aslam, and Abubakar, accused in a doubl...

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High Court of Karnataka Considers Cross-Appeals in Suit for Specific Performance and Injunction — Interim Relief Sought Under CPC and Commercial Courts Act. The suit concerned enforcement of a Negative Lien Letter and personal guarantees, with the plaintiff bank seeking to restrain alienation of assets.

The case involves cross-appeals arising from a commercial suit filed by Bank of Baroda against Dr. Bavaguthu Raghuram Shetty and Dr. Chandrakumari Rag...

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Bombay High Court Grants Bail to Petitioner in MPID Act Case Due to Long Incarceration Exceeding Maximum Sentence. Petitioner incarcerated for over 7.5 years as undertrial for offences under MPID Act and IPC; court holds further detention violates Article 21.

The Bombay High Court granted bail to a petitioner who had been incarcerated for over seven and a half years as an undertrial in a case under the Maha...