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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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Bombay High Court Allows Habeas Corpus Petition for Illegal Detention Without Production on Remand Date. Failure to Produce Accused Physically or Virtually on 22 March 2022 Renders Remand Order Invalid and Detention Illegal.

The petitioner, Sushil Lohiya, filed a habeas corpus petition on behalf of his son Brijesh Lohiya, who was an accused in an offence registered under S...

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High Court of Bombay Considers Challenge to Section 36(4) of Industrial Disputes Act, 1947 Restricting Legal Representation Without Consent. Employer Seeks to Quash Labour Court Order Barring Engagement of Advocate in Industrial Dispute Reference.

The petitioner, a company engaged in manufacturing, dismissed the respondent workman for misconduct after due process in August 2015. The workman rais...

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High Court of Bombay Confirms Death Sentence for Accused in Rape and Murder of Four-Year-Old Girl. Conviction under Sections 302, 376(2)(i), 377, 363, 366, 201 read with 34 of Indian Penal Code Upheld for Acts Committed in Furtherance of Common Intention.

The case arises from a reference under Section 366 of the Code of Criminal Procedure, 1973 for confirmation of the death sentence and an appeal agains...

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Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind and Non-Supply of Documents. Nephew of detenu successfully challenged preventive detention order under Section 3(1) of COFEPOSA on grounds of procedural irregularities and lack of material evidence.

The petitioner, nephew of the detenu Salma Karolia, challenged a detention order dated 30th September 2014 issued under Section 3(1) of the Conservati...

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Supreme Court Recognizes Menstrual Hygiene as Integral to Right to Education and Dignity. Court Emphasizes State's Obligation to Provide Free Sanitary Pads and Separate Toilets in Schools Under Articles 14, 21, and 21A.

The writ petition under Article 32 of the Constitution was filed by a social worker seeking judicial intervention to address the widespread lack of me...