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Bombay High Court Declares Preventive Detention Under Section 151 CrPC Illegal for Lack of Subjective Satisfaction and Non-Compliance with Procedural Safeguards. Petitioners' Detention by Police Officers Violated Article 21 as Magistrate Did Not Record Satisfaction of Likely Breach of Peace....

The petitioners, Kishor Laxmanrao Futane and Dr. Indraprasad Kishor Futane, filed a criminal writ petition before the Bombay High Court at Nagpur, alleging illegal and high-handed detention by respond...

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Bombay High Court Dismisses Second Appeals in Property Sale Dispute, Upholds Concurrent Findings of Valid Sale and Possession. Agreement for Sale and Sale Deed for Agricultural Land Upheld as Self-Acquired Property Not Subject to Coparcenary Rights....

The case involves two second appeals arising from a property dispute. The appellants, who are the wife, daughters, and son of Ramesh Krushnarao Deshmukh, challenged a sale deed executed by Ramesh in f...

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Bombay High Court Allows Second Appeal in Property Dispute, Holds That Evidence Act Sections 91 and 92 Do Not Bar Proof of Oral Agreement That Document Was Not Intended to Be Acted Upon. The court ruled that a defendant need not file a separate suit for specific performance to rely on an agreement of reconveyance as a defence....

The present second appeal arises from a property dispute between the original plaintiff (respondent) and the original defendant (appellant). The plaintiff filed a suit for declaration and permanent in...

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Bombay High Court Allows Conversion of Writ Petition into Second Appeal in Order VII Rule 11 CPC Rejection Case. Dismissal of Delay Condonation Petition in First Appeal Must Be Challenged by Second Appeal Under Section 100 CPC, Not Revision Under Article 227....

The petitioner, as plaintiff, filed a suit for declaration and injunction. The trial court rejected the plaint under Order VII Rule 11(a) and (d) CPC. The petitioner filed a first appeal with a delay ...

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Bombay High Court Allows PIL Challenging Illegal Construction by Builder with Political Connections. Court Quashes Regularisation Orders and Directs Demolition of Unauthorised Structures in Old Goa....

The petitioner, an advocate, filed a Public Interest Litigation before the Bombay High Court at Goa challenging the construction of buildings by Respondent No.6, a builder, in property bearing survey ...

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High Court of Bombay Allows Insurance Company's Appeal in Part, Enhances Compensation in Motor Accident Claim — Insurer Liable to Pay and Recover. Deceased aged 35, self-employed, entitled to 40% future prospects; loss of consortium enhanced to Rs.40,000 per claimant....

The case arises from a motor accident claim filed by the widow and children of Binod Pande, who died in a vehicular accident on 28th August 2012. The deceased was a 35-year-old self-employed person ea...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Non-Compliance with Mandatory Notice Requirements Under Section 138 of Negotiable Instruments Act, 1881. Failure to Serve Valid Notice Within 15 Days of Dishonour Renders Complaint Not Maintainable....

The petitioner, Mohd. Jahir Mohd. Shikur, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, seeking quashing of FIR No. 1136...

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Bombay High Court Quashes Land Acquisition Notifications for Non-Compliance with Mandatory Inquiry Under Rule 4(2) of Goa, Daman and Diu Land Acquisition Rules, 1972. Failure to Hold Inquiry Under Rule 4(2) Before Issuing Sections 4 and 6 Notifications Under Land Acquisition Act, 1894 Renders Acquisition Void....

The petitioner, Mr. Agostinho Agnelo Sanches, filed a writ petition before the Bombay High Court at Goa challenging two notifications dated 01.07.2009 and 17.06.2010 issued under Sections 4 and 6 of t...

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Bombay High Court Quashes Education Minister's Decision to Scrap LDC Selection Process in Directorate of Higher Education — Violation of Natural Justice and Arbitrariness. Selection Process Commenced in 2015 Was Scrapped Without Hearing Selected Candidates, Held Unjustified....

The petitioners, four candidates who were selected for the posts of Lower Division Clerks (LDCs) in the Directorate of Higher Education, Goa, challenged the decision of the Education Minister to scrap...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — No Evidence of Cruelty or Abetment of Suicide. Acquittal of husband and in-laws under Sections 498A and 306 IPC upheld as prosecution failed to prove demand for dowry or instigation to commit suicide....

The State of Maharashtra appealed against the acquittal of five accused persons (husband, father-in-law, mother-in-law, brother-in-law, and uncle) by the 1st Ad-hoc Additional Sessions Judge, Islampur...