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Supreme Court Allows Appeal of Elected Candidate in Office of Profit Disqualification Case. Special Government Pleader Appointment Under Order 27 Rule 8B CPC Held Not an Office of Profit Under Article 191(1)(a) of Constitution, and Rajasthan Act 5 of 1969 Retrospectively Removed Disqualification.

This appeal arose from an election petition challenging the election of Kanta Kathuria to the Rajasthan Legislative Assembly from the Kolayat constitu...

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Supreme Court Allows Appeals in Evacuee Property Tenancy Dispute — Tenancy Claim Invalid Without Custodian's Approval. Amending Act 19 of 1989 applies only to tenancies created by Custodian, not to claims based on deemed tenancy under Section 4 of Goa, Daman and Diu Agricultural Tenancy Act, 1964.

The dispute concerns property known as 'Conde-Mayem' in Goa, originally owned by Eurico de Soza Joquem Noroana, declared evacuee property after libera...

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High Court of Karnataka Adjudicates Combined Revision and Writ Petitions Involving Abetment Charge Under IPC and PC Act. Issue of Abetment Surviving Abatement of Principal Offence Arises from Disproportionate Assets Case Against Deceased Public Servant and His Wife.

The matter arose from a disproportionate assets case against a public servant and his wife, accused of criminal misconduct and abetment. The CBI regis...

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Bombay High Court Considers Writ Petition Challenging DRAT Order on Sale of Secured Asset under SARFAESI Act. The Court Examines Whether Sale on 'As Is Where Is' Basis Was Validly Confirmed and Whether DRAT Erred in Setting It Aside.

The matter arises from a writ petition filed under Article 226 of the Constitution of India before the High Court of Bombay. The petitioner, Asset Rec...

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Bombay High Court Upholds Validity of Section 138 NI Act and Directs Magistrates to Accept Complaints Without Preliminary Inquiry. Section 138 Negotiable Instruments Act, 1881 is constitutionally valid and Section 200 CrPC does not require preliminary inquiry in cheque dishonour cases.

The judgment arises from a batch of petitions challenging the constitutional validity of Section 138 of the Negotiable Instruments Act, 1881 and the p...

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High Court of Karnataka Dismisses Petition Quashing Discharge Rejection in CBI Murder Conspiracy Case. No Sanction Required Under Section 197 CrPC as Alleged Acts Were Not in Performance of Official Duty.

The petitioner, a government servant and accused No. 21, was charged in a murder case involving a property dispute that later expanded to include cons...

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High Court of Karnataka Quashes Criminal Proceedings Against Drug Manufacturer in NSQ Case Due to Prejudicial Delay in Testing. Delay of 20 Months in Analysis of Drug Sample Violated Right to Challenge Government Analyst's Report Under Section 25(3) of Drugs and Cosmetics Act, 1940.

The criminal petition under Section 482 of the Code of Criminal Procedure, 1973, was filed by M/s Zim Laboratories Ltd. and its officers (the manufact...

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Bombay High Court Allows Employer's Petition Against Industrial Court Order on Subsistence Allowance Payment. Subsistence Allowance Payable Only During Suspension Period, Not After Dismissal Under MRTU and PULP Act, 1971.

The petitioner, M/s. Pravi Auto Swing Pvt Ltd., challenged the judgment and order dated 21-3-2016 passed by the Learned Member of the Industrial Court...