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Bombay High Court Allows Petition of Life Convict for Transfer to Open Prison Despite TADA Conviction — Rule 4(ii)(n) of Maharashtra Open Prisons Rules, 1971 Does Not Create Absolute Bar. Court Directs Reconsideration of Representation Within Four Weeks, Citing Good Conduct and Parity....

The petitioner, Sardar S/ Shah Wali Khan, a life convict under the Terrorist and Disruptive Activities (Prevention) Act (TADA) sentenced on 6 June 2007, filed a criminal writ petition seeking a direct...

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Bombay High Court Grants Anticipatory Bail to Accused in SC/ST Act Case Due to Prima Facie False Allegations and Lack of Public View Element. The court held that the bar under Section 18 of the SC/ST Act does not apply when the ingredients of Section 3(1)(r)(s) are not made out, as the incident occurred in a private place....

The judgment pertains to two criminal appeals filed by the appellants against the order dated 05-03-2019 passed by the Additional Sessions Judge (Special Judge SC & ST), Aurangabad, rejecting their an...

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Bombay High Court Quashes Disqualification of Sarpanch Under Section 14(1)(j-3) of Maharashtra Village Panchayats Act — No Evidence of Wilful Omission Causing Loss to Gram Panchayat. Disqualification set aside as Collector failed to record finding of loss and appellate authority dismissed appeal without considering merits....

The petitioner, Savita Devidas Adhane, was elected Sarpanch of Gram Panchayat Viramgaon. On 04.08.2018, the District Collector, Aurangabad, disqualified her under Section 14(1)(j-3) of the Maharashtra...

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High Court of Karnataka Hears Writ Petitions Challenging Land Tribunal’s Common Order on Occupancy Rights Under Karnataka Land Reforms Act. The dispute concerned lands gifted to a temple in 1913, with rival claims of tenancy and family management....

These writ petitions under Articles 226 and 227 of the Constitution of India challenged the common order dated 3 April 2012 passed by the Land Tribunal, Belthangady Taluk, in proceedings LRY 3/78-79 a...

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Bombay High Court Upholds Conviction of Unqualified Medical Practitioner for Causing Death by Negligent Injection — Section 304-II IPC and Section 33 of Maharashtra Medical Practitioners Act, 1961. The court held that administering injections without qualification and causing death amounts to culpable homicide not amounting to murder under Section 304-II IPC....

The appellant, Bhupal Malayya Agbattini, an Ayurvedic medical practitioner, was convicted by the Additional Sessions Judge, Chandrapur for offences under Section 304-II of the Indian Penal Code and Se...

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Bombay High Court Allows Petition of Vice-Chairman of APMC Challenging Removal Under Section 45(1) of Maharashtra Agricultural Produce Marketing Act. Show Cause Notice and Removal Order Quashed for Being Vague and Non-Speaking, Violating Principles of Natural Justice....

The petitioner, an elected Director and Vice-Chairman of the Agriculture Produce Market Committee (APMC), Dhamangaon Railway, challenged an order dated 11.06.2018 passed by the District Deputy Registr...

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Bombay High Court Dismisses Writ Petitions Challenging Election Commission's Order to Use College Premises for Polling Stations. Educational institutions cannot refuse to provide premises for election purposes under Article 243K and Section 26 of the Representation of the People Act, 1951....

The judgment involves two writ petitions filed before the Bombay High Court, Nagpur Bench. The first petition was filed by Shri Gadge Maharaj Mahavidyalaya, a college, through its Principal, challengi...

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Bombay High Court Allows PMC's Appeal in Land Acquisition Compensation Dispute, Reduces Compensation Amount. Court holds that the Small Causes Court exceeded its jurisdiction by awarding compensation for land not acquired and by not properly considering the market value as per the Land Acquisition Act, 1894....

The case involves four writ petitions arising from land acquisition proceedings by the Pune Municipal Corporation (PMC) for a road widening project. The Land Acquisition Officer awarded compensation f...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50. Search of Accused Without Informing Them of Right to be Searched Before Gazetted Officer or Magistrate Renders Recovery Illegal....

The case involves four appeals filed by Abdul Rehman @ Haji Ali, Bandu @ Bunty Dagdu Udanshive, Mohammed Afzal @ Afzal Chouda Hayat Qureshi, and Zakir @ Zakir Chikna @ Zakir Chota Shariful Hasan Sayye...