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Delhi High Court: “Sentencing Must Balance Aggravating and Mitigating Circumstances” – Court Refuses to Enhance Sentence Under Section 377 CrPC, Increases Fine for Victim Compensation

Court’s Decision The Delhi High Court disposed of the State’s appeal under Section 377 of the Code of Criminal Procedure (CrPC), which sought enhancement of the sentence imposed on the…
Posted by Rawlaw September 8, 2025
Kerala High Court on Suspension of Sentence: “Court Cannot Permit the Accused to Evade Due Process by Cloaking His Appeal under Section 389”
Posted inNews

Kerala High Court on Suspension of Sentence: “Court Cannot Permit the Accused to Evade Due Process by Cloaking His Appeal under Section 389”

Court’s Decision The Kerala High Court refused to suspend the sentence imposed on the petitioner, holding that suspension of sentence under Section 389 of the Code of Criminal Procedure is…
Posted by Rawlaw August 23, 2025
landlord
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Gujarat High Court: “Once title is admitted, possession must follow title” – Court holds tenant cannot deny ownership of landlord in writ jurisdiction

Court’s Decision The Gujarat High Court dismissed the petition filed by the tenant challenging the orders of the revenue authorities and the Gujarat Revenue Tribunal. The Court upheld that once…
Posted by Rawlaw August 21, 2025
land acquisition
Posted inNews

Gujarat High Court: “Government Cannot Act Arbitrarily in Land Acquisition Matters” — Court Strikes Down Acquisition Due to Lack of Justifiable Public Purpose

Court’s Decision The High Court quashed the acquisition proceedings, holding that the State failed to establish a justifiable public purpose and acted in violation of constitutional guarantees under Article 300A.…
Posted by Rawlaw August 21, 2025
Calcutta High Court Affirms Non-Interference in Industrial Tribunal’s Award — “Court Will Not Substitute Its Own View Unless Findings Are Perverse”
Posted inNews

Calcutta High Court Affirms Non-Interference in Industrial Tribunal’s Award — “Court Will Not Substitute Its Own View Unless Findings Are Perverse”

Court’s Decision The Calcutta High Court dismissed a writ petition challenging an Industrial Tribunal award in a service dispute. The Court reiterated that it will not reappreciate evidence or substitute…
Posted by Rawlaw August 16, 2025
PREVENTIVE DETENTION
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Madras High Court on Preventive Detention — “Court Cannot Remain a Mute Spectator When Detention Is Unsupported by Cogent Material”

Court’s Decision The Madras High Court quashed the preventive detention order issued under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders,…
Posted by Rawlaw August 14, 2025
high court of kerala
Posted inNews

Kerala High Court: “Buyer Cannot Claim Charge in Absence of Completed Assignment”—Court Sets Aside Attachment Order, Rules No Charge Exists Without Privity or Assignable Right

Court’s Decision The Kerala High Court, through Justice M.A. Abdul Hakhim, allowed a first appeal and set aside the trial court’s order that had granted an attachment before judgment over…
Posted by Rawlaw July 25, 2025
no proof
Posted inNews

Orissa High Court Dismisses Recall Plea Against Quashing of Criminal Proceedings, Finds No Proof of Fraud Practised Upon the Court

“Fraud must not only be alleged but proved to satisfaction to have been practiced”—Orissa High Court refuses to recall quashing of FIR under Section 482 CrPC in absence of concrete…
Posted by Rawlaw July 16, 2025
penal challenges
Posted inNews

Bombay High Court Rejects Arbitration in Kotak-Samruddhi Dispute: “Recovery Disputes Alone Are Covered; Penal Interest Challenges Must Go to Court”

Name of the Judgment: Samruddhi Industries Ltd. Through Its Authorised Signatory v. Kotak Mahindra Bank Ltd. Court’s Decision: The Bombay High Court dismissed an application under Section 11 of the…
Posted by Rawlaw June 19, 2025

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