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Supreme Court Allows Magistrate to Order Voice Sample of Accused in Criminal Investigation. Article 20(3) Does Not Bar Compelled Voice Sample as It Is Not Testimonial Evidence Under Section 53 CrPC.

The case arises from an FIR lodged on 7th December 2009 at Sadar Bazar Police Station, Saharanpur, Uttar Pradesh, alleging that Dhoom Singh and appell...

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Bombay High Court Allows Writ Petitions Challenging PMLA Attachment — Section 32A IBC Immunity Overrides Provisional Attachment Order Under PMLA. Resolution Plan Approved for Corporate Debtor Shields Assets from Enforcement Directorate's Attachment.

The judgment concerns two writ petitions: one by individuals (Shiv Charan, Pushpalata Bai, and Bharti Agarwal) challenging a provisional attachment or...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Cruelty Soon Before Death. Conviction under Sections 304-B, 498-A IPC and Dowry Prohibition Act set aside as prosecution failed to prove demand of dowry and cruelty proximate to death.

The case pertains to the death of Savita, wife of appellant Madhav Dhondiba Wadwale, who died due to burn injuries on 10.12.2003 within a year of her ...

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Bombay High Court Allows State Appeal in Dowry Death Case — Conviction Restored Under Section 304-B IPC. Evidence of Demand for Motorcycle and Harassment Shortly Before Death Sufficient to Attract Presumption Under Section 113-B of Evidence Act.

The State of Maharashtra, through the Police Station Officer, Jintoor, filed an appeal against the acquittal of eight respondents (accused) by the Ses...

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Bombay High Court Dismisses Writ Petition Challenging Clubbing of Establishments Under EPF Act. Common Ownership and Same Telephone Number Justify Clubbing for Coverage Under Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

The petitioner, M/s. Kiran Agencies, a proprietary firm engaged in pharmaceutical distribution, challenged the order dated 30.03.2005 passed by the Em...

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Bombay High Court Allows Writ Petitions Challenging Indefinite Curfew Imposed Due to Burial Dispute in Mominpura Area. Court holds that curfew under Section 144 CrPC cannot be used as a permanent measure and must be proportionate to the threat.

The judgment pertains to two writ petitions filed under Article 226 of the Constitution of India before the Bombay High Court, Nagpur Bench. The petit...

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LETTERS PATENT APPEAL NO.288 OF 1999

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Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...