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Supreme Court Quashes Bail Orders in Five-Murder Case Due to Improper Application of Parity Principle and Insufficient Consideration of Gravity. High Court Erred in Granting Bail Under Section 439 CrPC Without Assessing Individual Roles and Evidence in Land Dispute Homicide.

The Supreme Court of India dealt with a batch of five criminal appeals arising from bail orders granted by the High Court of Gujarat under Section 439...

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Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

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Supreme Court Dismisses Partition Suit for HUF Properties — Burden of Proof Not Discharged. Plaintiff Failed to Establish Existence of Hindu Undivided Family Between Two Brothers Despite Alleged Joint Business and Property Acquisitions.

The case involves a dispute over properties claimed to be part of a Hindu Undivided Family (HUF). The plaintiff, Bhagwat Sharan, filed a suit for part...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Supreme Court Allows Appeal by Electricity Distribution Company in Theft Case: Parallel Assessment Under Section 126 Permissible Despite Criminal Complaint Under Section 135. Assessment Under Section 126 Not Conditional on Consumer Seeking Restoration of Supply.

The case involves an appeal by West Bengal State Electricity Distribution Company Ltd. against the judgment of the Calcutta High Court which allowed t...

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Supreme Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration and Hostile Witnesses. Conviction under Section 302 IPC Set Aside as Dying Declaration Did Not Name Assailant and Recovery of Defective Weapon Raised Doubt.

The Supreme Court allowed the appeal of Sudhir Kumar Jain against the judgment of the Rajasthan High Court affirming his conviction under Section 302 ...