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Bombay High Court Quashes COFEPOSA Detention Orders for Non-Application of Mind. Detaining Authority Failed to Consider Relevant Material and Relied on Irrelevant Grounds, Rendering Subjective Satisfaction Invalid.

The Bombay High Court delivered a common judgment in two writ petitions filed under Article 226 of the Constitution of India seeking writs of habeas c...

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Bombay High Court Quashes COFEPOSA Detention Order Due to Unexplained Delay. Preventive detention under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 set aside as live nexus between smuggling activity and detention order snapped by 10-month delay.

The petitioner, Farida Imram Chamundi, wife of the detenu, challenged a preventive detention order passed under the Conservation of Foreign Exchange a...

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High Court of Karnataka Dismisses State Appeal Against Acquittal in Murder Case — Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt. Prosecution's case based on last seen theory and recovery of weapon found insufficient to convict accused under Sections 302 and 201 of IPC.

The State of Karnataka appealed against the judgment of acquittal passed by the Additional District and Sessions Judge, Udupi (sitting at Kundapura) i...

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Bombay High Court Dismisses State Appeal Against Acquittal in Rape Case Due to Inconsistent Evidence and Delay in FIR. Conviction under Sections 376 and 342 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The State of Maharashtra filed an appeal under Section 378(1) of the Code of Criminal Procedure, 1973, against the judgment of acquittal dated 24 July...

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Karnataka High Court Dismisses Appeal in Rent Recovery Suit — Upholds Trial Court Decree for Arrears of Rent and Interest. Defendant failed to prove payment of rent for disputed period; plaintiff entitled to recovery of Rs.6,29,249/- with interest at 6% p.a. from date of suit till realization.

The present Regular First Appeal was filed by the defendant, M/s. Hinduja Fashions, against the judgment and decree dated 6.11.2015 passed by the VII ...

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Supreme Court Upholds Conviction of Accused in Murder Case Under Section 304 Part II IPC for Exceeding Right of Self-Defence. Court Rules That Portion of Accused's Non-Confessional Statement Under Section 342 CrPC Can Be Relied Upon With Other Evidence, Distinguishing Narain Singh.

The appellant, Sampat Singh, was tried for murder under Section 302 of the Indian Penal Code but was convicted under Section 304 Part II. The trial co...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses First Appellate Court's Dismissal on Limitation and Order II Rule 2 CPC. Time was not of essence of contract and suit was not barred by limitation or res judicata.

The appellants, original plaintiffs, filed Special Civil Suit No. 51 of 1989 for specific performance of an agreement to sell immovable property again...

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Bombay High Court Dismisses DRI's Challenge to Settlement Commission Order in DEPB Scheme Case — No Liability for Alleged Overvaluation. Settlement Commission's finding of no fraud or misrepresentation by exporter upheld as finding of fact not open to interference under Article 226.

The Directorate of Revenue Intelligence (DRI) filed a writ petition under Article 226 of the Constitution of India challenging an order dated 6 March ...