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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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High Court of Karnataka Hears Appeals in Motor Accident Claims Challenging Tribunal's Absolution of Insurer and Inadequate Compensation. Claimants Argue That Insurer Failed to Prove Driving Licence Breach and Must Pay Under 'Pay and Recover' Principle of Motor Vehicles Act, 1988.

The appeals arose from a motor vehicle accident on 30.06.2009 where a husband and wife on a motorcycle were hit by a rashly driven Light Goods Vehicle...

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High Court of Karnataka Allows Writ Petition Against Dismissal of Obstruction Application in Execution Proceedings — Impugned Order Quashed. Court Held That Executing Court Must Consider Objections of Third Party Obstructor on Merits Under Order XXI Rules 97, 98, and 101 CPC.

The petitioner, Rajesh Enterprises, a partnership firm represented by its partner Naresh Godar Shah, filed a writ petition under Articles 226 and 227 ...

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Bombay High Court Adjudicates Challenge to Revocation of Electricity Duty Exemption for Educational Institutions by State Government. Petitioners Seek Quashing of Government Communication and Levy of Duty Under Maharashtra Electricity Duty Act, 1958; Court Issues Rule.

The petitioners, comprising 10 educational institutions managed by a charitable trust, filed a writ petition under Article 226 of the Constitution of ...

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Court Considers Maintainability of Commercial Appeal in Summary Suit Under Commercial Courts Act — Order on Summons for Judgment Challenged as 'Judgment' Under Section 13(1A). Transitional Provisions and Assignment Orders Examined for Pending Suits Transferred to Commercial Division.

The Commercial Appeal arose from an order passed by a learned Single Judge of the Commercial Division of the Bombay High Court in Summons for Judgment...

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Supreme Court Allows State Appeal in Forest Constable Recruitment Case — Cancellation of Select List Upheld Due to Serious Irregularities. Selection Process Conducted Without Written Examination and Violated Reservation Policy, Justifying Fresh Recruitment.

The Supreme Court allowed the appeal filed by the State of Assam and its officers against the judgment of the Gauhati High Court, which had quashed th...