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Constitution of India, 1950 – Article 226 – Judicial Review in Disciplinary Proceedings – Preponderance of Probabilities as Standard of Proof in Departmental Enquiries – Limited Scope of Interference in Intra-Court Appeal....

Supreme Court upheld dismissal from service imposed on an Assistant Engineer convicted of bribery, emphasizing that judicial review in disciplinary matters is limited, acquittal in criminal proceeding...

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Supreme Court Acquits Accused Due to Unreliable Extra-Judicial Confession. Suspicion, However Strong, Cannot Replace Proof – Conviction Set Aside....

Constitution of India, 1950 – Indian Evidence Act, 1872 – Code of Criminal Procedure, 1973 – Indian Penal Code, 1860 Extra-Judicial Confession – Evidentiary Value – The Supreme Court reiter...

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Land Acquisition Compensation – Solatium and Interest Entitlement – Retrospective or Prospective Application of Law. Supreme Court Reaffirms Compensation Rights – No Prospective Limitation on Solatium and Interest for Landowners....

Constitution of India, 1950 – Article 14 – Article 300A – Land Acquisition Act, 1894 – National Highways Act, 1956 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabili...

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Supreme Court Acquits Accused Due to Doubtful Arrest and Lack of Identification. Manner of Arrest and Identification Found Unreliable – Conviction Set Aside – Appellants Acquitted....

Constitution of India, 1950 – Article 136 – Code of Criminal Procedure, 1973 – Section 313 – Indian Penal Code, 1860 – Sections 392, 397, 411 – Arms Act, 1959 – Section 25 Unreliable Ar...

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Right of workman to engage an advocate as a defence representative in domestic enquiry — Industrial Court’s interim order allowing appointment of an advocate set aside — Absence of legally trained mind on the employer’s side — Principles of natural justice upheld....

The Bombay High Court set aside the Industrial Court’s order, holding that mere experience in handling domestic enquiries does not constitute a legally trained mind. Absence of legal qualification o...

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Bombay High Court Rejected Petition Seeking Renewal of License for Open Plot – Held No Enforceable Legal Right Under Article 226 of the Constitution of India...

No Vested Right for Renewal of License Petition dismissed. Court held Petitioner had no vested legal right for renewal after expiry of license by efflux of time. Licensee’s rights are purely con...

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Bombay High Court Permitted the Plaintiff to Produce Balance Sheets and Email Correspondence Despite Delay — Emphasized Reasonable Cause for Non-Disclosure and Lack of Prejudice to the Defendants...

Commercial Summary Suit — Production of Additional Documents Allowed Subject to Costs The Court allowed the production of additional documents, noting that: a) The documents were already referred t...

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Appeal against the direction of 'pay and recover' by the Motor Accident Claims Tribunal, Nagpur – Learner’s licence validity and Rule 3(b) of the Central Motor Vehicles Rules, 1989 interpreted – Exemption for motorcycle riders under Rule 24(3)(v) clarified....

The High Court upheld the tribunal's direction of 'pay and recover' and ruled that the appellant violated Rule 3(b) by driving without an instructor. The insurance company must satisfy the award and r...

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Earnest Money Forfeiture – Contractual Obligations – One-Sided Agreements – Consumer Protection...

Forfeiture Clause – Valid But Limited to 10% of BSP – Contractual forfeiture of 20% BSP was excessive – Courts can interfere with unfair and one-sided agreements – Para 25 Unfair Trade Practi...

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Rights of Persons with Disabilities – Reasonable accommodation in examinations – Facility of scribe and compensatory time extended to all disabled candidates....

Constitution of India, 1950 – Article 32 – Writ jurisdiction invoked for enforcing rights under the Rights of Persons with Disabilities Act, 2016 – Supreme Court held that benefits extended to P...