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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 Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Supreme Court Acquitted Appellant Due to Lack of Conclusive Evidence Regarding Handwriting on Postal Cover — Convictions Set Aside. Insufficient Proof of Disputed Document — Prosecution’s Failure to Exhibit Primary Evidence Led to Acquittal

Failure to produce the original postal cover as primary evidence rendered the expert report inadmissible — Prosecution’s inability to prov...

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Supreme Court Quashes High Court's Stay on Discharge Order — Upholds Liberty of Accused. Apex Court Reaffirms Higher Pedestal of Discharged Accused — Lays Down Strict Parameters for Stay on Discharge Orders

Supreme Court quashed the High Court’s stay and surrender order — Held that stay on discharge orders should only be granted in rare and exceptiona...

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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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Supreme Court Allows Quashing of DV Act Proceedings Under Section 482 CrPC — Inherent Jurisdiction Available Despite Civil Nature of Reliefs. High Court Erred in Holding That Proceedings Under DV Act Cannot Be Quashed Under Section 482 CrPC Because They Are Civil in Nature.

The Supreme Court considered two appeals arising from a common order of the High Court of Madhya Pradesh, which had dismissed petitions under Section ...

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Supreme Court Quashes Gangster Act Proceedings for Lack of Violence Allegations and Non-Application of Mind. Definition of 'Gang' Under Section 2(b) of Uttar Pradesh Gangsters Act Requires Violence or Threat; Procedural Rules Mandate Independent Application of Mind by Authorities.

The Supreme Court allowed the appeals filed by Vinod Bihari Lal against the State of Uttar Pradesh and another, quashing the proceedings under the Utt...