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Bombay High Court Dismisses Petition Challenging Pre-trial Appointment of Court Commissioner for Land Measurement Under Section 75 r/w Order 26 Rule 9 CPC. Court Holds That Appointment of Commissioner is Not Dependent on Commencement of Trial and Is Within Court's Discretion.

The Bombay High Court at Aurangabad addressed the issue of whether a Court Commissioner for measurement of land under Section 75 read with Order 26 Ru...

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High Court of Karnataka Quashes Summons Under Section 319 CrPC Against Witnesses in Murder Trial — No Prima Facie Case for Additional Accused. Summons Issued Without Proper Application of Mind as Evidence Did Not Satisfy Test of Strong Suspicion Under Section 319 CrPC.

The case involves two criminal revision petitions filed under Sections 397 read with 401 of the Code of Criminal Procedure, 1973 (CrPC). The petitione...

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Supreme Court Allows State's Appeal Against High Court Review Order in Voluntary Retirement Case. High Court Exceeded Review Jurisdiction by Reinterpreting Rule 75 of West Bengal Service Rules, 1971 Without Error Apparent on Record.

The case involves the interpretation of Rule 75 of the West Bengal Service Rules, 1971, concerning voluntary retirement. The respondent, Dr. Tonmoy Mo...

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Bombay High Court Dismisses Petition Challenging Extension of Time for Deposit in Specific Performance Decree. Trial Court's Discretion Under Section 148 CPC to Enlarge Time Upheld Despite Default Clause in Decree.

The petitioners, M/s Armor's Developers Pvt. Ltd. and its director, challenged an order dated 4-12-2015 passed by the trial court in Special Civil Sui...

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Bombay High Court Allows Convict's Writ Petition for Premature Release Under Remission Rules - State Directed to Reconsider Application for Release After 14 Years of Imprisonment. Life Convict's Application for Premature Release Was Arbitrarily Rejected Without Proper Consideration of Remission Policy.

The petitioner, Bhima S/o Rangnath Adagale, a life convict serving sentence in Central Prison, Aurangabad, filed a Criminal Writ Petition before the B...

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Bombay High Court Quashes Order Adding Accused Under Section 319 CrPC Before Evidence Stage — Premature Invocation of Power. Power under Section 319 CrPC cannot be exercised based on investigation statements before commencement of trial evidence, as held in Ranjit Singh v. State of Punjab.

The applicants, five individuals, challenged an order dated 29.03.2010 passed by the Additional Sessions Judge, Kandhar, in Sessions Case No. 35/2008,...

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Bombay High Court Allows Minority Institution's Petition to Establish Women's Science College. Government Policy Barring New Colleges Cannot Be Applied to Minority Institutions Under Article 30 of the Constitution.

The petitioner, Social Society Morba, a public trust registered under the Public Trust Act, 1960 and the Societies Registration Act, 1860, claimed to ...

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Bombay High Court Quashes Remission Order in TADA Case — State Government Directed to Reconsider Without Fixing 30-Year Cap. Remission under Section 432 CrPC cannot be conditioned on a fixed term of 30 years for life convicts under TADA.

The petitioner, Ravindra Shantaram Sawant, was convicted in TADA Special Case No.31/1994 by the Designated Court for offences under Sections 3(2)(ii),...