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High Court of Karnataka Dismisses Defacto Complainant's Petition Seeking Summoning of Magistrate in POCSO Case Citing Absence of Signatures on Victim's Statement. Court Holds That Non-Signing of Section 164 Statement Does Not Vitiate Its Admissibility and Directs Expeditious Trial Completion.

The matter pertained to a writ petition filed by the defacto complainant, the father of a minor girl who was allegedly sexually assaulted at Vibgyor H...

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Bombay High Court Quashes Criminal Proceedings Against Directors for Alleged Failure to Furnish Information in Auditor's Report Under Section 217(5) of Companies Act, 1956 — Inordinate Delay of 5-7 Years in Issuing Show Cause Notice Held Unreasonable and an Abuse of Process.

The petitioners, who were directors of M/s Timblo Private Limited, filed a criminal writ petition under Article 226 of the Constitution read with Sect...

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Gujarat High Court Allows Amendment Application in Specific Performance Suit — Trial Court's Rejection Set Aside. Amendment to Incorporate Subsequent Events and Additional Reliefs Does Not Change Nature of Suit Under Order VI Rule 17 CPC.

The petitioner, M/s Uday Autolink Pvt. Ltd., was the original plaintiff in Special Civil Suit No. 240/2016 pending before the Second Additional Senior...

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High Court of Karnataka Quashes Summons Under Section 319 CrPC Against Advocate in Corruption Case — No Prima Facie Case for Summoning as Additional Accused

The petitioner, an advocate, was summoned as an additional accused in a corruption case pending before the LXXVII Additional City Civil and Sessions C...

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High Court of Karnataka Quashes Summoning Order Against Accused in Attempt to Murder Case Due to Lack of Prima Facie Evidence. Criminal conspiracy allegations under Section 120B IPC failed as no material showed meeting of minds between accused and main assailants.

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by accused Nos. 6 and 7 in C...

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Bombay High Court Allows Appeal in Succession Act Case — Discharge of Executrix Set Aside. Court holds that mere delay in filing accounts does not warrant removal of an executrix under Section 301 of the Indian Succession Act, 1925, especially when no loss or prejudice is caused to the estate.

The appellant, Ms. Neeru Batra, was appointed as the executrix of the Will of the deceased. She filed a petition for probate, which was granted. Subse...

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Bombay High Court Dismisses Appeal by Bar Council and Advocates Against Order to Provide Free Legal Aid to Poor Litigants. Court Upholds Constitutional Duty of State and Bar to Ensure Access to Justice Under Article 39A of the Constitution of India.

The case arose from a Letters Patent Appeal filed by the Bar Council of Maharashtra and Goa, the Bombay Advocates Association, and two individual advo...

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Supreme Court Considers Suo Motu Reference on Summoning Advocates During Investigation; Examines Scope of Advocate-Client Privilege and Need for Guidelines to Prevent Coercive Summons. Court Addresses Legality of Direct Summons to Lawyers Under Section 179 BNSS and Absence of Judicial Oversight.

The Supreme Court initiated suo motu proceedings following a reference from a two-judge bench in a Special Leave Petition challenging a notice issued ...