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Supreme Court Commutes Death Sentence to Life Imprisonment in Rape and Murder Case — Review Petition Allowed in Open Court. Court Holds That Life Imprisonment Is the Rule and Death Sentence an Exception, and Mitigating Circumstances Must Be Considered Even in Heinous Crimes.

The Supreme Court of India heard a review petition filed by Md. Mannan @ Abdul Mannan, who had been convicted for the rape and murder of an eight-year...

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Supreme Court Allows Appeal Against Foreigner Declaration — Minor Name Discrepancy Not Fatal to Citizenship Claim. Burden of Proof Under Section 9 of Foreigners Act, 1946 Discharged by Consistent Documentary Evidence.

The appellant, Sirajul Hoque, was declared a foreigner by the Foreigner's Tribunal, Assam, vide judgment dated 19.01.2017. The Tribunal relied on a di...

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Supreme Court Upholds NCDRC Order Exonerating Hospital and Doctor in Medical Negligence Case — No Negligence Found in Treatment and Discharge of Cancer Patient. Bolam Test Applied: Doctor Not Negligent If Acting in Accordance with Practice Accepted by a Reasonable Body of Medical Men.

The appellant, Vinod Jain, filed a consumer complaint alleging medical negligence against Santokba Durlabhji Memorial Hospital and Dr. R.K. Bhandari a...

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Supreme Court Allows State Appeal in Default Bail Case Under UAPA — Extension of Custody Upheld Despite Procedural Defects. Report of Public Prosecutor Must Indicate Application of Mind, But Technical Non-Compliance Not Fatal When Substance Exists.

The Supreme Court allowed the appeal filed by the State of Maharashtra against the Bombay High Court's order granting default bail to the respondents/...

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Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

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Supreme Court Modifies Sentence in Rash Driving Case: Sentences to Run Concurrently. The Court held that under Section 31 CrPC, it is mandatory to specify whether multiple sentences run concurrently or consecutively, and directed concurrent running of sentences under Sections 279 and 304A IPC.

The appellant, Gagan Kumar, was prosecuted and convicted by the Judicial Magistrate 1st Class, Jalandhar for offences under Sections 279 (rash driving...

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Supreme Court Upholds Levy of Sewerage Cess on Industrial Unit Discharging Effluents Through Common Treatment Plant into Board's Sewer System. Section 55 of HMWS&S Act, 1989 imposes cess irrespective of direct connection, and proviso applies only when area is not served by any sewerage system.

The appellant, Vasant Chemicals Limited, an amalgamated company manufacturing dye intermediates, obtained bulk water supply from the Hyderabad Metropo...