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Bail Denied – Bombay High Court Refuses Bail to Accused in Gang Rape Case Citing Seriousness of Offence and Prima Facie Evidence. High Court Held – Accused Cannot Claim Bail Solely on Grounds of Delayed Trial When Charges are Framed and Prosecution is Proceeding Expeditiously...

Seriousness of Offence – The Court held that gang rape under Section 376(D) IPC was punishable with rigorous imprisonment not less than 20 years, extending up to life imprisonment for the remainder ...

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High Court Dismisses Petition Challenging Land Acquisition After 38 Years, Citing Delay and Laches. Petition Barred by Inordinate Delay – Abuse of Process of Law – Maharashtra Industrial Development Act, 1961 – Article 226 of the Constitution of India...

Delay and Laches: The Court held that a petition filed after an inordinate delay, without any justification, is barred by the principles of delay and laches. The petitioner’s failure to challenge th...

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Supreme Court Dismissed Appeal Seeking Preliminary Inquiry Before FIR Registration. Preliminary Inquiry Not Mandatory for Cognizable Offences — Successive FIRs Do Not Automatically Amount to Harassment — Legal Safeguards Available Against Malicious Prosecution...

Registration of FIR is a statutory duty when a cognizable offence is disclosed. The absence of a preliminary inquiry does not vitiate FIRs unless proven to be malicious or frivolous. Blanket orders re...

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Supreme Court Quashes NGT Orders in Auroville Township Case, Upholds Statutory Master Plan. Court Reiterates Jurisdictional Limits of NGT and Emphasizes Sustainable Development in Auroville Township Dispute...

Jurisdictional Limits of NGT: The NGT can only exercise jurisdiction when a substantial question relating to the environment arises from the implementation of enactments specified in Schedule I of the...

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Supreme Court Upholds Auroville Foundation’s Authority, Sets Aside High Court’s Decision on Standing Order No. 1/2022. Governing Board’s Powers Prevail Over Residents’ Assembly in Auroville Development Dispute...

Suppression of Material Facts: A litigant invoking the extraordinary jurisdiction of the High Court under Article 226 of the Constitution must come with clean hands. Suppression of material facts disq...

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Supreme Court Upholds High Court’s Decision in Money Laundering Case Under PMLA, Rejects Discharge Application. Continuing Offence of Money Laundering and Retrospective Application of PMLA – Key Issues Addressed...

Continuing Offence:– The offence of money laundering under the PMLA is a continuing offence, and the liability extends as long as the proceeds of crime are concealed, used, or projected as untainted...

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High Court Quashed Appellate Order, Restored Temporary Injunction in Specific Performance Suit. Bombay High Court held that an unregistered Agreement for Sale is admissible as evidence in a suit for specific performance and reversed the appellate court’s decision denying temporary injunction....

A discretionary order granting a temporary injunction should not be interfered with unless it is arbitrary or perverse (Wander Ltd. vs. Antox India P. Ltd., 1990 Supp SCC 727). An unregistered Agreeme...

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Refund of Premium Paid Under Urban Land Ceiling Act – Estoppel and Waiver of Rights. Court Rejects Money Claim for Refund of Premium After Land Sale, Upholds State’s Policy Under Urban Land Ceiling Act...

Estoppel and Waiver: A party that accepts the benefits of a Government Resolution and acts upon it cannot later claim a refund or challenge the legality of the Resolution. (Para 34, 35) Prospective A...

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Scope of Amendment under Section 152 of the Code of Civil Procedure, 1908 – High Court Holds Correction of Decree Justified in Case of Misdescription of Property...

Judicial Power – Clerical or Accidental Errors – Distinction Between Review and Amendment – Execution of Decrees – Correction of Judgment to Reflect True Intent a. Power under Section 152 CP...