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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, because if the petitioner was not provisionally permitted to appear in JEE Advanced 2026 to be conducted on 17 May 2026, the petition would become infructuous.
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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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“The term turnover is not restricted to mean turnover of only taxable service.”
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“The jurisprudential basis for the State being the prosecuting agency in criminal offences is to prevent a criminal prosecution from descending into an exercise in vengeance, where the victim goes baying-for-the-blood of the offender; and to maintain objectivity, neutrality, fairness and a sense of proportion in prosecution of an offender.”
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The matter was brought to notice before the office of Chief Justice of India via letter written by a Supreme Court Advocate on Record, who sought the Court’s urgent intervention in the matter.
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The Court denied the discharge of the company director in a cheque dishonour case wherein the said company was undergoing liquidation.
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The appellant stated that he filled the requisite forms for resolving the tax dispute under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. However, the designated committee rectified Form No. SVLDRS-3 and enhanced the amount payable as tax without any show-cause notice.
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The State submitted that since the corpus is in lawful custody of the State in pursuance of a judicial order, the present habeas corpus petition is not maintainable.
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