Search Results for "Section 43"

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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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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 Dismisses Appeal Challenging Limitation in Arbitration Award Dispute. Applicability of Limitation Act Provisions to Section 34(3) of Arbitration and Conciliation Act Clarified.

Applicability of Section 4 of the Limitation Act to Section 34(3) of the ACA Does Section 4 apply to the additional 30-day condonable period when it ...

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Supreme Court Invalidates Ex Parte Arbitration Awards; Upholds Principles of Party Autonomy

Existence of Arbitration Agreement: Whether the purported arbitration agreement dated 01.04.1957 was valid and enforceable. Unilateral Appointment of ...

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Anticipatory Bail Granted with Strict Conditions: Bombay HC Balances Investigation and Liberty. Bail confirmed with conditions for compliance, cooperation, and non-interference in trial proceedings.

Acts and Sections Discussed: Code of Criminal Procedure, 1973 Section 438: Provision for anticipatory bail. Ratio Decidendi: Nature ...

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Bail Granted in NDPS Case Due to Prolonged Incarceration and Lack of Substantial Evidence. "Right to Speedy Trial Overrides Section 37 NDPS Act's Rigors."

The Bombay High Court granted bail to Accused No. 2 in a case involving the seizure of 191.60 kg of heroin under the NDPS Act. The court emphasized th...

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Supreme Court Strikes Down Arbitrary Remission Conditions for Life Sentence Convict "Conditions on remission must meet constitutional standards of reasonableness and fairness."

This appeal concerns the legality of conditions imposed while granting remission to the appellant, who was serving life imprisonment for offenses unde...

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Bail Granted on Grounds of Long Incarceration with Stringent Conditions. High Court Grants Bail After Considering Delay in Trial and Applicant's Young Age

The High Court granted bail to the applicant, considering the long period of incarceration without substantial progress in the trial. Despite oppositi...