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Bombay High Court Allows Set-off of Pre-conviction Detention Under Section 428 Cr.P.C. in Rape Conviction Case. Court Directs Jail Authorities to Recalculate Sentence by Setting Off Period of Incarceration Prior to Conviction Against Substantive Sentence of Imprisonment.

The petitioner, Tenzin @ Elin Dorje, was convicted by the Additional Sessions Judge, Panaji, in Sessions Case No. 23/2016 for offences under Sections ...

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Supreme Court Allows Appeal in Murder Case Due to Fatal Non-Compliance with Section 313 Cr.PC — Failure to Put Incriminating Circumstances to Accused Vitiated Trial. Conviction under Section 302 IPC with Section 34 IPC Set Aside as Prejudicial Omission Caused Miscarriage of Justice.

The Supreme Court allowed the appeal of Naresh Kumar, a life convict, challenging his conviction under Section 302 IPC read with Section 34 IPC for th...

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Bombay High Court Dismisses Writ Petitions Challenging Draft Development Plan and Extension Under Maharashtra Regional and Town Planning Act, 1966. General Body Resolution Modifying Draft Plan Upheld as Legislative Function; Ex Post Facto Extension Held Permissible.

This judgment arose from writ petitions filed before the Aurangabad Bench of the Bombay High Court challenging the notification dated 4 February 2016 ...

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Bombay High Court Quashes Charge Sheet Against Income Tax Officer for Lack of Sanction Under Section 197 CrPC. Disciplinary proceedings initiated without prior sanction from the Central Government are invalid as the officer was not removable from service without such sanction.

The petitioner, Shri Nai Pal Singh, an employee of the Income Tax Department working as Commissioner of Income Tax (Departmental Representative), file...

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Bombay High Court Directs State to Formulate Comprehensive Policy for Prevention of Farmer Suicides. Court holds that the State must provide ex-gratia assistance to families of farmers who committed suicide due to agricultural indebtedness, recognizing the constitutional duty under Article 21.

The judgment arises from a Public Interest Litigation initiated by a letter from the All India Bio Dynamic and Organic Farming Association to the Chie...

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Bombay High Court Allows Redevelopment Project Despite Narrow Road Width, Applies Promissory Estoppel Against Municipal Corporation. MCGM Estopped from Refusing Permission After Granting Initial Approval and Petitioner Acting to His Detriment.

The petitioner, Gufran Suleman Qureshi, proprietor of M/s Sirsiwala Realty, sought redevelopment of a building in Mumbai. The Municipal Corporation of...

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Bombay High Court Quashes Collector's Order in Stamp Duty Dispute — Auction Sale Consideration Prevails Over Market Value. Stamp duty on sale certificate must be computed on actual auction sale consideration, not market value, under Maharashtra Stamp Act, 1958.

The petitioner, Shweta Aditya Malhotra, purchased a property through an auction sale conducted by the Collector of Stamps, Andheri Division, Mumbai, f...

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WRIT PETITION NO. 6608 OF 2016

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High Court of Karnataka Quashes Sessions Court Order Under Section 311 Cr.PC for Lack of Jurisdiction After Case Posted for Judgment. Sessions Court Cannot Summon Witnesses Under Section 311 Cr.PC Once Matter Reserved for Judgment.

The petitioners, accused nos.1 to 3 in S.C.No.239/2017 pending before the I Addl. Sessions Judge, Kalaburagi, for offences punishable under Sections 3...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Corruption Case — Acquittal Upheld Due to Unreliable Trap Evidence and Invalid Sanction. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988.

The State of Gujarat filed an appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated...