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Supreme Court Sets Aside Preventive Detention Order Under COFEPOSA Act, Citing Lack of Consideration of Bail Conditions. Court Emphasizes Scrutiny of Detention Orders and Upholds Liberty in Preventive Detention Cases

Preventive Detention and Bail Conditions: The detaining authority must consider the efficacy of bail conditions imposed by the court before ordering ...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Bombay High Court Affirmed Maintainability of Suit for Negative Declaration of Marital Status

Declaration of Legal Character – Suit Seeking Negative Declaration – Section 34 of the Specific Relief Act, 1963 – Jurisdiction of Civil Courts ...

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Supreme Court of India Held Appellants Guilty of Contempt for Disobedience of Undertaking Regarding Alienation of Suit Property

Disobedience of an injunction order remains punishable even if the underlying suit is later dismissed (Samee Khan v. Bindu Khan). A lawyer’...

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Supreme Court Dismissed Criminal Appeals, Upheld Conviction and Sentence of Life Imprisonment Under Section 302 Read with Section 34 of the Indian Penal Code, 1860 — Division Bench Confirmed the Conviction — Dying Declaration of Deceased Held Reliable

Application of Section 34 of the Indian Penal Code, 1860 (IPC) — Common Intention of the Accused Persons Duly Proved — Dying Declaration Accepted ...

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Premature Petition Seeking Lapse of Land Reservation Dismissed — Period of Reservation Acquisition Extended by Legislative Amendment.

Reliance on a notification prior to legislative amendment is misplaced once the statute is amended — Amended statutory period applicable from the da...

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Supreme Court of India set aside the High Court’s conviction and life sentence under Section 302 of the Indian Penal Code, 1860 (‘IPC’), granting acquittal due to inconsistent dying declarations and lack of corroborative evidence.

Supreme Court of India – Acquittal Granted, Benefit of Doubt Extended a) Inconsistent dying declarations require corroboration (Para 12-14) b) ...

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High Court Quashes Land Acquisition for Navi Mumbai Project Due to Non-Compliance with Section 5A of the Land Acquisition Act, 1894. Court Upholds Farmers' Right to Hearing in Land Acquisition Proceedings, Strikes Down Urgency Clause Invocation

Section 5A of the Land Acquisition Act, 1894 – Mandatory provision for hearing objections before land acquisition. Non-compliance renders acquisitio...

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Interpretation Of Manufacturing Process Under Factories Act, 1948 – Business Of Laundry Held To Constitute Manufacturing Process – Premises Deemed A Factory – Order Issuing Process Restored.

a. Definition of manufacturing process under Section 2(k) includes washing and cleaning for delivery and use – Laundry service falls squarely within...