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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Forest Land Dispute — Non-Compliance of Section 114(A) Notice Not Fatal at Threshold Stage. Notice under Section 114(A) of Karnataka Forest Act, 1963 is procedural and not a bar to maintainability of suit for declaration and injunction....

The appellants, Sidramayya and Roopa, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 07.01.2020 passed by the Principal S...

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Bombay High Court Quashes Externment Orders Against Two Sweepers in Gang Externment Case Due to Violation of Natural Justice. Externment Order Passed on Undisclosed Material Not Mentioned in Show-Cause Notice Violates Section 59 of Maharashtra Police Act, 1951, and Selective Externment Without Explanation Renders Order Arbitrary....

The case involved a Criminal Writ Petition under Article 226 of the Constitution of India filed by two sweepers, Balram and Kunal, challenging their externment for two years from Akola District. The e...

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Bombay High Court Quashes Preventive Detention Order Against Detenu in Custody Due to Lack of Recorded Satisfaction on Imminent Release. The Court Holds That Preventive Detention Under the Maharashtra Prevention of Dangerous Activities Act, 1981 Requires Strict Compliance with Procedural Safeguards Under Article 22 of the Constitution....

The petitioner, Sayed Noor Sayed Nasir, filed a criminal writ petition before the Bombay High Court, Nagpur Bench, challenging the preventive detention order dated 2.3.2021 passed by the Commissioner ...

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High Court of Bombay Upholds Conviction of Stepfather under POCSO Act for Rape of Minor Stepdaughter Based on Victim's Testimony and DNA Evidence. Court Holds That Conviction Can Be Based Solely on Victim's Credible Testimony Without Corroboration, and DNA Evidence Confirmed Paternity....

The appellant was convicted by the Special POCSO Court, Nagpur, for the rape of his minor stepdaughter, resulting in her pregnancy and childbirth. He appealed to the High Court challenging the convict...

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Bombay High Court Sets Aside School Tribunal's Order, Condones Delay in Filing Appeal Against Termination Under MEPS Act. Employee’s Bona Fide Pursuit of Civil Suit Against Show Cause Notice Fails Due to Jurisdictional Defect, Justifying Condonation Under Section 14 of Limitation Act, 1963....

The case arose from a writ petition filed by an employee against the order of the School Tribunal rejecting his application for condonation of delay in preferring an appeal under Section 9(3) of the M...

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High Court Dismisses Husband’s Appeal Upholding Declaration of Marriage as Null and Void Due to Lack of Valid Proof of Muslim Marriage; Cross Objection Allowed as Direction Against Advocate for Professional Misconduct Issued Without Hearing Violated Natural Justice Principles....

The appeal arose from a Family Court decree declaring the marriage between the appellant (Muslim man) and respondent No. 1 (Hindu woman) null and void. Respondent No. 1 alleged that the appellant misu...

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Bombay High Court Quashes Second FIR in Dowry Harassment and Attempt to Murder Case, Holding It Pertains to Same Transaction. Registration of Fresh FIR for the Same Incident Violates Established Precedent and Amounts to Abuse of Process, and Statement in Second FIR May Be Treated as Further Statement Under Section 162 CrPC....

The applicants, husband and brother-in-law of the complainant, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash a second First Information Repor...

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Bombay High Court Dismisses Employer's Writ Petition Challenging Gratuity Order; Forfeiture of Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Confined to Specific Grounds and Does Not Extend to Alleged Illegal Appointment....

The dispute arose under the Payment of Gratuity Act, 1972, where an employee of Air India Ltd., who had served for 29 years, was dismissed from service on 26 June 2013 after being found guilty in a de...

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Bombay High Court Dismisses Application Under Section 24 CPC Seeking Transfer of Appeal as Abuse of Process — Costs Imposed. Transfer Sought on Allegations of Bias to Delay Proceedings in Pending Rent Appeal, Court Holds That Unfounded Allegations Cannot Ground Transfer....

The matter arose from an eviction decree passed on 21.10.2005 in TE & R Suit No.253/274 of 2003 by the Small Causes Court at Bombay. The appellant No.2 (applicant) and his mother had filed Appeal No.5...