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Bombay High Court Delivers Judgment on Plea for Sentence Adaptation Under Repatriation of Prisoners Act, 2003. Case Involves Interpretation of Section 13(6) and Bilateral Agreement with Mauritius Regarding Transfer of Sentenced Persons....

(1) Background — The case involved a criminal writ petition before the Bombay High Court challenging an order of the Government of India, Ministry of Home Affairs, which rejected the petitioner's re...

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Bombay High Court Allows Teacher's Petition Against Pay Reduction and Recovery Order — Recovery of Excess Payment Set Aside Due to No Misrepresentation. Pay Fixation Error by Employer Cannot Be Recovered from Employee Without Show Cause Notice....

The petitioner, Premchand Nathu Patil, was appointed as an Assistant Teacher on 16.06.1989 in a secondary school run by respondent No. 5 institute. He possessed B.A. B.Ed. qualifications. His appointm...

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Bombay High Court Quashes FIR in Drugs and Cosmetics Act Case Due to Lack of Territorial Jurisdiction. Petitioner's Premises in Jaipur Raided by Rajasthan Authorities, FIR Registered in Aurangabad Without Sanction Under Section 155 CrPC....

The petitioner, Avadhesh Mukutbihari Sharma, a resident of Jaipur, Rajasthan, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India seeking quashing of FIR No.334/2016...

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Bombay High Court Quashes Criminal Proceedings Against Journalists in ISIS Article Case — Article on Terrorist Financing Not Intended to Promote Religious Disharmony. Publication of news about ISIS activities and its funding sources does not attract Sections 295-A and 153-A IPC as there was no malicious intent to insult religion or promote enmity between groups....

The applicants, who were employees of Lokmat Media Private Limited, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of private complaint RCC No...

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Bombay High Court Dismisses Appeals From Accused Against Rejection of Discharge Applications in Organised Crime Case. Court Finds Prima Facie Evidence of Involvement in Continuing Unlawful Activity Under Maharashtra Control of Organised Crime Act, 1999....

The High Court of Bombay at Aurangabad considered seven criminal appeals filed by the appellants, who were accused in Special (M.C.O.C.) Case No.4 of 2014, against the orders of the Special Court reje...

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Bombay High Court Allows Revision and Appeal in Dishonour of Cheque Case, Sets Aside Conviction Due to Lack of Proper Service of Notice. The court held that without proper service of notice under Section 138 of the Negotiable Instruments Act, 1881, the conviction cannot be sustained....

The case involves a dispute under Section 138 of the Negotiable Instruments Act, 1881. The complainant, Vinodkumar Rathi, alleged that the accused, M/s Baheti Automobiles and its partners, issued a ch...

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Bombay High Court Dismisses Second Appeals in Possession Suit — Lease Deed Not Proved, No Tenancy Rights. Gift Deed Valid, Landlord's Title Not Challenged, Eviction Upheld....

The case involves two second appeals arising from a suit for possession filed by the respondent-landlord against the appellants-tenants. The property was originally leased by Smt. Rukmini Goenka to M/...

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Bombay High Court Dismisses Writ Petition Challenging Eviction Decree in Landlord-Tenant Dispute. Concurrent findings of default in payment of rent and subletting without consent upheld under Section 108 of the Transfer of Property Act, 1882 and Order 20 Rule 12 CPC....

The petitioners, Orbit Super Market Private Limited and the legal heirs of Dr. Shrikant Jichkar, challenged concurrent orders of the trial court and appellate court directing them to hand over peacefu...

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Bombay High Court Allows Release of Land from ULC Proceedings Due to Abatement Under Repeal Act — Land Held to Be Bhoomiswami, Not Nazul Lease, Entitling Petitioners to Restoration of Possession and Mutation....

The petitioners, Smt. Parvatibai wd/o Dashrath Behar and Narayan s/o Late Shri Dashrath Behar, filed a writ petition seeking release of land admeasuring 6.43 acres in Survey No.49/1 of Mouza Kamptee, ...

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Bombay High Court Allows Appeal of Second Buyer of Imported Car, Sets Aside Duty Demand and Penalty. The Court held that once confiscation of a vehicle becomes final due to non-exercise of the redemption option, no customs duty can be demanded from a subsequent purchaser and no penalty under Section 112(a) of the Customs Act, 1962 is sustainable....

The appeal was filed by Gagandeep Singh Anand under Section 130 of the Customs Act, 1962, challenging the order dated 28 July 2017 of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT). T...