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Bombay High Court Allows Amendment of Written Statement Despite Trial Commencement — Liberal Approach Under Order 6 Rule 17 CPC. Amendment Sought to Incorporate Alternative Plea of Ownership Based on Adverse Possession Not Barred by Delay or Lack of Due Diligence.

The petitioners, who were defendants in Regular Civil Suit No. 242/2007, filed an application (Exh. 42) for amendment of their written statement. The ...

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Bombay High Court Dismisses Petition Challenging Invocation of Bank Guarantee in Commercial Dispute. Bank Guarantee Invocation Upheld as No Case of Fraud or Irretrievable Injustice Made Out.

The petitioner, M/s. Atul Medical, filed a writ petition challenging the invocation of a bank guarantee of Rs. 8 lacs by the respondent, M/s. Cadila H...

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Bombay High Court Dismisses Petition Challenging Amendment of Written Statement in Specific Performance Suit. Mistake of Counsel Held Not to Prejudice Defendant's Right to Fair Trial — Amendment Allowed as Explanatory and Necessary for Real Controversy.

The petitioners, original plaintiffs, filed a suit for specific performance of contract dated 02.03.2003 against the respondents. During the trial, af...

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Supreme Court Quashes Criminal Proceedings Against IAS Officer in Arms License Case Due to Inordinate Delay and Lack of Sanction. The court held that unexplained delay of 20 years and absence of valid sanction under Section 197 CrPC vitiate the prosecution.

The Supreme Court allowed the appeal filed by Robert Lalchungnunga Chongthu @ R L Chongthu, an IAS officer of the Bihar Cadre, against the judgment of...

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Bombay High Court Quashes FIR Against Journalists in Fake Encounters Case — No Prima Facie Case of Criminal Conspiracy. Journalists' Role Limited to Reporting, Not Abetment or Conspiracy Under Sections 302, 120B IPC and Other Provisions.

The case involves a criminal writ petition filed by nine journalists seeking quashing of an FIR and charge sheet filed by the Central Bureau of Invest...

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Bombay High Court Dismisses Writ Petition Challenging Refusal to Decide Non-Joinder Issue as Preliminary Issue. Order 14 Rule 2 CPC does not mandate preliminary determination of mixed questions of law and fact.

The petitioners, who were original defendants in a civil suit for damages filed by the respondents, challenged the Trial Court's order refusing to dec...

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Supreme Court Allows Accused's Appeal for Cloned Copy of Memory Card in Rape Case — Right to Fair Trial Prevails Over Victim's Privacy. Electronic Record Held to be 'Document' Under Evidence Act and IPC, Entitling Accused to Copy Under Section 207 CrPC.

The appellant, P. Gopalkrishnan @ Dileep, was arrayed as accused No. 8 in a case registered under various sections of the Indian Penal Code, 1860 and ...

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Supreme Court Acquits Accused in TADA Case Due to Involuntary Confession and Lack of Corroboration. Confession recorded under Section 15 of TADA Act found not voluntary as guidelines in Kartar Singh were not followed, and confession of co-accused not admissible without joint trial.

The appellant, Raja @ Ayyappan, was convicted by the Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) for ...