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Bombay High Court Rules on Maintainability of Motion for Setting Aside Consent Decree Alleging Fraud. Court Interprets Order 23 Rule 3A CPC and Precedent to Determine if Non-Party Can Challenge Consent Decree via Application.

Background: The dispute arose from Suit No. 1188 of 1984 concerning certain properties. Premnath, brother of original plaintiff No. 1, had been recogn...

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Bombay High Court Quashes Demolition Notice and Order by MCGM in Alleged Unauthorized Construction Case Finding Malafide Action. The Court held that the works were not in progress and the action under Section 354A of the Mumbai Municipal Corporation Act, 1888 constituted legal malice.

The petitioner, a film actor, purchased a bungalow in Bandra, Mumbai in 2017. In 2018, she carried out a structural audit and sought permission from t...

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Supreme Court Acquits Accused in Abetment to Suicide Case Due to Lack of Evidence of Instigation. Conviction under Section 306 IPC Set Aside as Alleged Threat Did Not Constitute Abetment.

The Supreme Court allowed the appeal against the conviction of the appellant under Section 306 IPC for abetment to suicide. The appellant was a former...

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Supreme Court Dismisses State's Appeal in Service Law Case — Notional Financial Benefits Upheld Despite No Actual Promotion. Rule 54(1)(a) of West Bengal Service Rules Precludes Retrospective Promotion but Notional Benefits Granted Due to Administrative Delay.

The present appeal arises from a judgment of the High Court at Calcutta which upheld an order of the West Bengal Administrative Tribunal directing tha...

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Supreme Court Upholds Conviction for Murder Under Section 302 IPC — Life Sentence Confirmed for Police Constable Who Shot Colleague Over Phone Dispute. Use of Deadly Weapon and Absence of Sudden Quarrel Preclude Application of Exception 4 to Section 300 IPC.

The appellant, Arvind Kumar, a police constable, was convicted under Section 302 IPC for the murder of fellow constable Mohd. Rashid. The incident occ...

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Supreme Court Allows Appeal in Environmental Clearance Case, Quashing National Green Tribunal Order. Mining Lease Upheld as Area Reduction and Proximity to Water Body Complied with EIA Notification 2006 and State Guidelines After Due Process.

The dispute arose from an appeal against a National Green Tribunal order that set aside an Environmental Clearance granted for a mining lease. The app...