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Supreme Court Set Aside High Court’s Conviction Order – Mere Presence at the Scene of Crime Not Sufficient to Prove Unlawful Assembly. High Court erred in reversing the acquittal – No cogent evidence to establish participation in rioting – Conviction unsustainable in law

Unlawful Assembly Requires Participation – Mere presence in a riot-affected area does not automatically make a person part of the unlawful assembly ...

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Supreme Court Condones Delay in Filing Second Appeal by the State – Upholds High Court's Order Allowing Condonation of Delay. Condonation of Delay – Sufficient Cause – Merits of the Case – Liberal Approach for State Litigations

Delay in government litigation should not be condoned automatically, but a liberal approach may be taken when public interest is involved. Substantial...

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National Company Law Appellate Tribunal Allows Appeals by Appellant Creditor in IBC Case -- Sets Aside Orders Directing Appellant to Approach GIDC Appellate Authority and Remitting Resolution Plan -- Termination of Lease During Moratorium Held Invalid Under Section 14 of IBC

The National Company Law Appellate Tribunal (NCLAT) allowed two appeals filed by the Resolution Professional (RP) and the largest financial creditor o...

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Supreme Court Upholds Acquittal in TADA Case Due to Procedural Lapses in Recording Confessional Statements. Confessions Under TADA Act Deemed Inadmissible Due to Non-Compliance with Safeguards

Procedural Safeguards under TADA Act: The Court emphasized that confessions recorded under Section 15 of the TADA Act must strictly comply with the p...

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Pension Rights of Temporary Employees Under a Government Scheme

Constitution of India, 1950 – Article 32 – Writ Petition Against Pension Denial – Applicability of Fundamental Rules – Parity With Government ...

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Supreme Court Clarifies Scope of “Deep and Pervasive Control” in Grant-in-Aid Disputes. Supreme Court Holds ICSSR Not Liable for Salaries of CRRID Employees; Grants Discretionary, Not a Matter of Right

Nature of the Litigation: The case involved a dispute between the Indian Council of Social Science Research (ICSSR) and Centre for Research in Rura...

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Eligibility Condition in Admission—Subsequent Compliance—Course Completion Allowed. Educational Eligibility—Initial Ineligibility for Admission to B.A.M.S.—Subsequent Compliance—Doctrine of Actus Curiae Neminem Gravabit Applied—Order of High Court Set Aside

Constitution of India, Article 136—Special Leave Petition—Educational Qualification—Admission Eligibility Condition—Subsequent...

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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 wi...

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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 prov...

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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, ex...