Digi - Legal Insights
CRIMINAL LAW
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Taking into account Appellants age, lack of prior convictions and satisfactory conduct during custody, sentence has been reduced to a fixed term of 25 years of actual imprisonment without remission.
CRIMINAL LAW
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Evidence presented indicates that second Appellant-convict actively participated in crime, supporting conviction under Section 307 of IPC for attempted murder.
CRIMINAL LAW
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Ongoing litigation is burdensome and would disrupt their marital life hence, proceedings of Criminal Case and all proceedings and orders incidental thereto are also quashed.
CRIMINAL LAW
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High Court, reviewing law on paternity under Section 112 of Act, noted that presumption of legitimacy was only applicable if DNA test had not been conducted, which it had, therefore High Court refused to grant maintenance.
CIVIL LAW
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Issue of waqf by user remains unresolved and injunction sought does not fall within Tribunals jurisdiction hence, plaint is rejected and Tribunals order, along with High Courts affirmation, is set aside.
CIVIL LAW
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Public Service Commissions of States must select candidates based solely on qualifications as per Drug Rules, disregarding State Rules on experience, as these additional requirements are deemed ultra vires to Act.
CRIMINAL LAW
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High Courts reliance on witness statements to imply knowledge of second marriage was deemed inadequate, as mere knowledge does not equate to establishing common intention or involvement in marriage procedure.
CRIMINAL LAW
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Impugned order grating bail cannot be upheld due to certain omissions and matter of bail requires reconsideration by competent Court, leaving other arguments for future deliberation.
ARBITRATION
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There is no existence of arbitration agreement and therefore, decision of High Court to appoint an arbitrator requires interference.
CRIMINAL LAW
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Registry is directed to develop software along similar lines in collaboration with NIC or otherwise, for automatic consideration of prisoners applications for premature release in accordance with their respective policies/schemes.
CIVIL LAW
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High Court cannot overstep its jurisdiction under Article 227 of Constitution by interfering with Appellate Benchs discretion to allow an amendment to plaint following landlords death during appeal.
CIVIL LAW
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Reliefs sought by Panchayat aim to restrain Corporations statutory authority related to municipal planning, a matter governed by public law, which cannot be handled in civil suits focused on private rights.
CRIMINAL LAW
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Polices failure to follow proper procedures during investigation contributed to unresolved crime and raised concerns about effectiveness of authorities in conducting criminal investigations hence, impugned order of conviction and sentence set aside.
CRIMINAL LAW
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Due to non-compliance with statutory obligations and lack of necessary information in bail application, impugned order cannot be upheld, necessitating reevaluation of bail request by competent Court without delving into cases merits.
CRIMINAL LAW
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Even if Will were proven forged, aggrieved parties would be property purchasers thus, further prosecution of appellant regarding Charge sheet is deemed unjustified and an abuse of court process.
CRIMINAL LAW
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Trial Courts must request reports on aggravating and mitigating circumstances post-conviction and High courts are to ensure these reports are recorded before admission of death references and dedicated legal teams must be assigned to represent convicted individuals in death sentence confirmation references.
CRIMINAL LAW
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Prosecution failed to prove its case against appellants beyond reasonable doubt hence, impugned judgment of conviction passed by High Court is set aside and Appellants are acquitted of all charges.
CRIMINAL LAW
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Appellants are deemed eligible for release and it is ordered that they be released on bail, contingent upon meeting bail bond requirements set by trial Court and any additional conditions it may impose.
ARBITRATION
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Arbitral Tribunal is not justified in awarding pre-award/pendente lite interest in favor of respondent-claimant, contrary to Clause 16(3) and Clause 64(5) of General Conditions of Contract (GCC) and this award is liable to be set aside.
PROPERTY LAW
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Appellants are permitted to seek compensation re-determination based on High Court award, regardless of prior compensation received, as there is no statutory prohibition against it.