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Bombay High Court Quashed FIR And Charge Sheet Against Petitioners For Lack Of Prima Facie Evidence — Reaffirmed Right To Peaceful Assembly Under Article 19(1)(b) Of The Constitution Of India

Constitution Of India, 1950 — Article 226 — Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 143, 145, 147, ...

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High Court of Bombay Set Aside Patent Application Rejection Due to Procedural Lapses and Non-Consideration of Material Evidence. Detailed Scrutiny Ordered for Patent Application with Direction for Reassignment to a Different Officer.

a) Breach of natural justice due to lack of notice on critical objections. b) Misappreciation of documentary evidence, including the Deed of Assignmen...

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High Court of Bombay Dismisses Interim Application, Holds Limitation and Due Diligence as Key Issues in Share Recovery Suit. Summary Judgment Denied in Share Dispute Due to Limitation and Need for Oral Evidence

Summary Judgment under Order XIII-A of the CPC: The Court held that a summary judgment can only be granted if the Defendant has no real prospect of d...

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Appropriate Government for ARAI held to be State Government – Petitioner not deemed a ‘workman’ under Section 2(s) of the Industrial Disputes Act, 1947 – Petition dismissed

The petitioner’s supervisory and managerial functions disqualified him from being classified as a ‘workman.’ The nature of duties and responsib...

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Acquisition Proceedings Declared Lapsed. Non-payment of Compensation and Non-possession of Acquired Land for Over Five Years Resulted in Lapsing of Acquisition Proceedings Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Mere mutation entries without kabjepatti or credible evidence of possession do not establish the taking over of physical possession. Absence of notice...

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Conviction under Section 376 and Section 323 of the Indian Penal Code, 1860 – Affirmed by the Supreme Court – Delay in FIR not fatal – Sole testimony of prosecutrix trustworthy.

Sole testimony of the prosecutrix, if trustworthy, is sufficient for conviction. (Para 10) Absence of injuries does not automatically negate rape alle...

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Supreme Court Upholds Cancellation of Select List for Constable Recruitment Due to Irregularities. Recruitment Process Cancelled Due to Violation of Reservation Policy and Lack of Fair Representation – Supreme Court Reiterates Doctrine of Proportionality and Wednesbury Unasonableness

The doctrine of Proportionality: The Court held that the decision to cancel the entire recruitment process was proportionate to the gravity of the irr...

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High Court Quashes Income Tax Assessment Order for Violation of Natural Justice and Mandatory Procedures under Section 144B of the Income Tax Act, 1961. Court Emphasizes Adherence to Faceless Assessment Procedures and Audi Alteram Partem Principle in Tax Reassessment Cases

Reassessment Beyond 4 Years: Reassessment under Section 147 of the IT Act cannot be initiated beyond the 4-year period unless there is evidence of fai...

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High Court of Bombay Quashes District Court Judgment, Restores Arbitration Challenge for Fresh Consideration on Grounds of Patent Illegality and Failure to Address Key Contentions. Arbitration Award Set Aside for Reconsideration Under Section 34 of the Arbitration and Conciliation Act, 1996

Scope of Section 34: The Court held that while the scope of interference under Section 34 is limited, the District Judge must consider specific chal...