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Regular Bail Granted — Long Incarceration and Right to Speedy Trial Considered — No Possibility of Early Trial — Allegations of Extortion and Criminal Intimidation — Bail is the Rule, Jail is the Exception — Bombay High Court

The Bombay High Court granted regular bail to Mohammad Khalid Mukhtar Ahmed Shaikh (Accused No.1) due to prolonged incarceration of 4 years, 4 months,...

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Supreme Court Enhances Compensation in Motor Accident Claim Case, Emphasizes Just and Fair Compensation Under Motor Vehicles Act, 1988. Court Reiterates Principle of "Just Compensation" Beyond Claimed Amount, Modifies High Court and Tribunal Awards.

Just Compensation – The Supreme Court reiterated the principle that compensation under the Motor Vehicles Act, 1988, should be "just" and "reasonab...

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Bombay High Court Quashed the Commercial Court’s Order for Failing to Exercise Jurisdiction Under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC)

The matter was remitted to the Commercial Court for a fresh decision on the appellant’s application seeking judgment on admissions. The High Court ...

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Quashing of Show Cause Notice issued by the Director General of Foreign Trade under the Foreign Trade (Development and Regulation) Act, 1992 – Applicability of Policy Circular and Doctrine of Res Judicata – Prospective and Retrospective Clarification of Foreign Trade Policy, 2004–2009

The High Court of Bombay quashed and set aside the Impugned SCN, holding that it was barred by the doctrine of res judicata and constituted an arbitra...

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Bail Granted Considering Reformative Approach in Light of Applicant’s Young Age Despite Serious Allegations

High Court of Judicature at Bombay emphasized the reformative theory of punishment while granting bail to the accused involved in serious offences und...

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Long Incarceration and Right to Speedy Trial – Bail Granted. High Court of Judicature at Bombay emphasized the fundamental right to speedy trial under Article 21 of the Constitution of India, granting bail due to prolonged incarceration.

The Court acknowledged the Applicant’s long incarceration and the fundamental right to speedy justice. It noted that the case was based on circumsta...

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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, 41...

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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 ...

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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 ma...

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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. ...