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High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

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Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

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Anticipatory Bail Granted in Case Involving Sub-Registrars Accused of Illegal Land Transactions. Court acknowledges limited scope of registration officers' duties and absence of criminality.

1. Case Background:Three applicants—Dinkar Shankar Deshmukh, Archana Shailendra Pakale, and Manohar Genba Chivhe—filed anticipatory bail applicati...

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Customs Duty and Interest Obligations: Key Legal Insights. Understanding Liability on Confiscated Goods and the Impact of Recent Judicial Rulings

The Judgement addresses three key issues concerning customs duty and interest obligations under the Customs Act, 1962: Liability to Pay Customs Dut...

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Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

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Court Upholds Stringent Provisions of MCOC Act, Denies Anticipatory Bail. Emphasizes Legislative Intent to Combat Organized Crime, Dismisses Reliance on SCST Act Precedents and Non-Binding Judgments

The judgment examines the applicability of anticipatory bail provisions under the Maharashtra Control of Organized Crime Act (MCOC Act) in comparison ...

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Land Dispute Resolved: Court Upholds Cooperative Societies' Ownership Rights. Court Affirms Validity of 1960 Conveyance, Rejects Claims by Municipal Authorities

The dispute Regarding a 1960 conveyance deed concerning common plots in the Juhu Vile Parle Development (JVPD) scheme between the Bombay Housing Boar...

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Appeal Under M.C.O.C. Act: Challenging Charges and Syndicate Involvement

Appeal under the Maharashtra Control of Organised Crime Act, 1999 (M.C.O.C. Act), challenging the application of its provisions to two appellants accu...

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Legal Appeals Under MCOCA: Examining Procedural Compliance and Judicial Review

The case involves appeals under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), challenging orders rejecting applications ...

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Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...