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“An applicant cannot be permitted to reap the benefit of an illegality, as any such registration would be nothing but the fruits of a poisonous tree.”
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“Merely on the presence of semen on the pant of the victim and on the basis of the ocular evidence that some ‘bad work’ was done, it cannot be presumed that penetrative sexual assault to some extent was committed upon her.”
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The Court granted interim protection to IRCTC, holding that tariff-linked revision of licence fee raises a prima facie case and warrants a stay on the arbitral findings impacting IRCTC’s policy framework.
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“The Constitution recognises the doctrine of separation of powers; it does not adopt it in its rigid or absolute form. Nonetheless, the functional demarcation between the 3 organs of the State remains fundamental.”
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In a procedural clarification, the Bombay High Court directed corrections to its earlier order and reiterated that the defamation suit, already deferred until 2046, must be read together with the corrected order.
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The Court observed that the conduct of the accused, being a stranger, approaching the victim at night while she was returning from a common washroom, and catching hold of her hand without her consent, would certainly amount to use of criminal force.
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The Court observed that the absence of competent and effective prosecution and defence not only undermines the fairness of the process but also increases the risk of a disproportionate, unjust, and uninformed sentencing outcome.
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“Neither the FIR nor the impugned order discloses availability of any tangible material to substantiate the allegation that the appellant had conspired in the preparation of the alleged forged Will, or that the registered sale deed dated 18 December 1998 was executed by him with knowledge that the signatures on the Will were forged.”
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The Court observed that Criminal liability is not a heritable estate. The “legal fiction” created under Section 138 is restricted to the “drawer” of the instrument.
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“As per Section 87, RP Act, any provision of CPC that is inconsistent with Section 82, RP Act, which specifies the persons to be impleaded in an election petition, cannot be invoked to implead a person who is otherwise not liable to be joined as a respondent under Section 82, RP Act.”
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Since the term of the Assembly had already expired and fresh elections w held in 2025, the election petition had become infructuous.
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The Court rejected the contention that such collection was being made by the petitioner for many years and had translated into a customary right, which should be protected.
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“The huge pendency in the High Court results in these appeals being disposed of after at least 8 to 10 years from the date of filing, and this again results in severe prejudice to the claimants.”
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In a rare order, the Bombay High Court directed that an ego-driven defamation suit be kept off the board until 2046, despite seniority claim by 90-year-old-litigant.
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The Court clarified that at the present stage it was not conducting a final hearing, but only determining whether the petitioner should be permitted to sit for the examination.
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The Court noted that the cumulative financial impact, as reflected in the investigation, indicated that students were compelled to incur an additional expenditure of approximately Rs 53 lakhs which could not be brushed aside as incidental or insignificant.
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“The researchers argued that adopting targeted monitoring in high-risk Himalayan locations could significantly reduce future risks.”
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“Supreme Court set aside the impugned order granting anticipatory bail to the accused.”
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“The distinguishing factor between the offence of cheating and any other civil dispute lies in the presence or absence of mens rea at the inception of the transaction. To constitute the offence of cheating, it must be shown that the accused had a dishonest or fraudulent intention from the very beginning.”
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The Court clarified that Section 104(1-A), IR Code starts with a non-obstante clause, thereby enabling it to operate even if there is any contrary or inconsistent provision contained in the same statute.
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