Search Results for "Gujarat High Court Rules"

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Petitioner Failed to Deposit 25% of Sale Price. Condition Precedent Under Rule 9(3) of Security Interest (Enforcement) Rules, 2002 Not Fulfilled, and Alternative Remedy Under Section 17 of SARFAESI Act Available.

The petitioner, an individual aged about 70 years, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court c...

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Supreme Court Lays Down Pan-India Guidelines Against Demolition of Properties of Accused Without Due Process. Executive Cannot Use Demolition as Punishment for Crime; Right to Shelter Protected Under Article 21.

This batch of writ petitions under Article 32 of the Constitution of India raised a grievance that residential and commercial properties of persons ac...

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Supreme Court Allows Appeals in BAMS Doctors' Pay Parity Case — Tikku Committee Recommendations Not Applicable to Ayurvedic Practitioners. BAMS degree holders cannot claim parity with MBBS doctors under the Tikku Pay Commission as the Committee's scope was limited to allopathic service doctors.

The civil appeals arose from a common order of the Gujarat High Court Division Bench which confirmed a Single Judge's decision that respondents holdin...

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Bombay High Court at Goa Upholds Life Imprisonment for Kidnapping and Attempt to Murder in POCSO Case — Conviction Based on Testimony of Minor Victim and Medical Evidence

The judgment arises from three appeals against the conviction and sentence of Osban Fernandes (A.1) and Ramesh Bagve (A.2) by the Children's Court at ...

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High Court of Bombay Reviews Convictions and Death Sentence in Sexual Abuse of Mentally Challenged Girls at Children’s Home. Prosecution Established Charges Under IPC and Juvenile Justice Act for Rape, Unnatural Offences, and Assault Against Inmates, Leading to Appeals and Confirmation of Death Penalty.

The case arose from a suo motu public interest litigation initiated by the Bombay High Court after a newspaper report exposed the poor conditions in c...

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Bombay High Court Allows Appeal Under Section 378(4) CrPC in Section 138 NI Act Case - Appeal Against Acquittal in Private Complaint Lies Under Section 378(4) CrPC, Not Proviso to Section 372 CrPC

The case involved a reference to a larger bench to resolve a conflict regarding the maintainability of an appeal against acquittal in a prosecution un...