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Bombay High Court Quashes Stay on Bail Order in NIA Case — Special Judge Cannot Stay Own Bail Order Under Section 309(1) CrPC. The court held that the power to grant bail does not include the power to stay the bail order, and Section 309(1) CrPC does not authorize such a stay....

The petitioner, Naresh Ramniklal Gaur, was granted bail on 20th November 2021 by the Special Court at Greater Bombay in NIA Special Case No. 1090/2021 for offences under various sections of the Indian...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Independent Application of Mind — Reopening Based on Borrowed Satisfaction from Investigation Wing Held Invalid...

The petitioner, Chhagan Chandrakant Bhujbal, challenged a notice dated 31 March 2019 issued under Section 148 of the Income Tax Act, 1961, for the assessment year 2012-13, alleging that income had esc...

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Bombay High Court Upholds Committal of Accused to Sessions Court in IPC Section 353 Case Due to State Amendment Enhancing Punishment. Amendment by Maharashtra Act 40 of 2018 reclassifies offence as triable by Sessions Court, and Section 323 CrPC mandates committal even if trial is at final stage....

The petitioner, Kedar Rayjirao Salunke, was being prosecuted for offences punishable under Sections 353, 504, and 506(2) of the Indian Penal Code (IPC) in Regular Criminal Case No. 3736/2015, arising ...

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Bombay High Court Allows Writ Petitions Challenging Termination of Temporary Employees by Municipal Corporation of Greater Mumbai — Violation of Natural Justice and Section 25F of Industrial Disputes Act, 1947. Termination of temporary employees without notice or hearing is illegal; reinstatement with 50% back wages granted....

The petitioners, Bharti Santosh Bhosale and others, were temporary employees of the Municipal Corporation of Greater Mumbai. Their services were terminated without any prior notice or opportunity of h...

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Bombay High Court Allows Amendment of Plaint in Property Suit Under Order 6 Rule 17 CPC — No Prejudice to Defendants as Trial Not Commenced. Amendment sought to convert suit from injunction to partition is permissible when no evidence has been led and no vested right is affected....

The petitioners, original defendants in Regular Civil Suit No.60 of 1988, challenged the order of the Ad-hoc District Judge-8, Pune dated 10/01/2020, which allowed the plaintiff's appeal and set aside...

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Bombay High Court Dismisses Writ Petition Challenging Execution of Eviction Decree Based on Civil Death Declaration. Objections under Section 47 CPC Held Not Maintainable After Decree Attains Finality....

The petitioners, Jaibunissa and Abdul Hamid Khan, were tenants of premises owned by Salimuiddin Khan. Salimuiddin had inducted them on a long lease. After Salimuiddin's whereabouts were unknown for ov...

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Bombay High Court Quashes FIR for Forwarding Facebook Post Under Section 505(2) IPC and Section 67 IT Act — Lack of Mens Rea. Mere forwarding of a post without reading it does not constitute an offence under Section 505(2) IPC or Section 67 IT Act as the essential ingredient of intent to cause harm is missing....

The applicant, Pawandeep @ Pawan S/o Chotulal Yadav, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 520 of 2018 registered at Gadchandur Po...

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Bombay High Court Allows Termination of Advanced Pregnancy Due to Grave Risk to Mother and Fetal Abnormalities. Medical Board Opinion of Significant Morbidity to Child and Mental Health Injury to Mother Justifies Permission Under Medical Termination of Pregnancy Act, 1971....

The petitioner, Smt. Gulfsha Wasim Sheikh, a 24-year-old woman residing in Wardha, Maharashtra, filed a Criminal Writ Petition before the Bombay High Court at Nagpur seeking permission to terminate he...

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High Court of Bombay at Nagpur Allows Owner's Appeal in Motor Accident Claim — Insurance Company Liable to Pay Compensation as No Breach of Policy Terms Proved. Tractor Driver's License for Light Motor Vehicle Held Valid Under Section 10(2)(d) of Motor Vehicles Act, 1988, Following Mukund Dewangan....

The case arises from a motor accident claim where the claimants, respondents 1 to 3, sought compensation for injuries/death caused by a tractor owned by the appellant. The Motor Accident Claims Tribun...

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Bombay High Court Quashes Sanction and Complaint in Income Tax Prosecution for Non-Application of Mind. Sanctioning Authority Failed to Consider Petitioner's Explanation and Appeal Pendency Under Section 276C(1) of Income Tax Act, 1961....

The petitioner, Nayan Jayantilal Balu, engaged in trading of ferrous and non-ferrous metals, filed his return of income for Assessment Year 2009-10 on 20th March 2010. The Assessing Officer reopened t...