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Bombay High Court Quashes Import Restriction for Areca Nuts — Condition Requiring NOC from FSSAI Held Ultra Vires. Import Policy Condition Violates Article 19(1)(g) and Article 14 of Constitution as It Lacks Statutory Authority and Is Disproportionate....

The petitioner, Siddhi Vinayak, a partnership firm registered under the Indian Partnership Act, 1913, engaged in the import of areca nuts (commonly known as supari), filed a writ petition under Articl...

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Bombay High Court Dismisses Revision Against Conviction for Rash Driving and Causing Death by Negligence. Conviction under Sections 279 and 304A IPC Upheld as Prosecution Proved Guilt Beyond Reasonable Doubt....

The applicant, Sudhir s/o Kalidas Deshmukh, a driver employed with the S.T. Depot, Soyegaon, was convicted by the Judicial Magistrate First Class, Soygaon, on 15th March 2003 in Summary Criminal Case ...

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Bombay High Court Quashes Condition of Pre-Deposit in NI Act Appeal — Suspension of Sentence Cannot Be Conditional on Deposit of Compensation Without Hearing on Merits. The appellate court's direction to deposit Rs. 2,00,000/- as a condition for suspension of sentence under Section 389 Cr.P.C. was set aside as illegal and premature....

The applicant, Rahul Kisan Khande, was convicted under Section 138 of the Negotiable Instruments Act, 1881 by the learned Magistrate, First Class, Rahata, in Summary Criminal Case No. 1294 of 2015. Th...

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High Court of Judicature at Bombay, Bench at Aurangabad, Considers Criminal Appeal Challenging Conviction Under Section 376 Read with Section 511 IPC for Attempted Rape of Mentally Challenged Woman; Appellant Argues Conviction Not Sustainable and at Most Offence of Outraging Modesty Under Section 354 IPC is Made Out....

The appellant, Sitaram Sambhaji Mane, was convicted by the Additional Sessions Judge, Ahmednagar under Section 376 read with Section 511 of the Indian Penal Code, 1860 (IPC) and sentenced to five year...

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High Court of Bombay at Aurangabad Considers Whether Evidence Proves Attempt to Rape or Outraging Modesty in Case Involving Mentally Retarded Victim...

This criminal appeal challenged the judgment and order dated 27/01/2017 passed by the Additional Sessions Judge, Ahmednagar in Sessions Case No.219 of 2015, convicting the appellant for the offence pu...

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Karnataka High Court Reduces Compensation in Land Acquisition Case Due to Non-Comparability of Sale Deeds and Awards. Reference Court Erred in Relying on Ex.P-41 Without Examining Whether Lands Were Comparable....

The case involves an appeal by the Bijapur Urban Development Authority (BUDA) and a cross-objection by the claimants (landowners) against the judgment and award of the Reference Court (II Addl. Senior...

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High Court of Karnataka Partly Allows Appeal by Development Authority in Land Acquisition Compensation Case — Market Value Reduced from Rs.1,50,000 to Rs.1,20,000 per Acre. Comparable Sale Deed Method Upheld but Deduction for Development Reduced from 40% to 20% Under Land Acquisition Act, 1894....

The case involves an appeal by the Bijapur Urban Development Authority (BUDA) against the judgment of the II Additional Senior Civil Judge, Bijapur, in LAC No.157/1996 dated 28.08.2010, which enhanced...

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Bombay High Court Allows Writ Petition Restraining Invocation of Bank Guarantee in Contract Dispute — Payment of Minimum Wages Held Sufficient Under Clause 31.01 of Contract Conditions, Not Higher Rates Under National Coal Wage Agreement....

The petitioners, M/s. PLR Projects Pvt. Ltd. and its Managing Director, filed a writ petition challenging the invocation of two bank guarantees dated 25.08.2008 and 14.05.2011, each for Rs.1,07,29,750...

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Bombay High Court Quashes Removal of Sarpanch and Members in Gram Panchayat Dispute — Procedural Violation of Natural Justice. Removal Order Set Aside as Show Cause Notice Did Not Specify Charges and Inquiry Was Conducted Without Proper Opportunity of Hearing Under Section 39 of the Maharashtra Village Panchayats Act, 1959....

The petitioners, who were the elected Sarpanch, Upsarpanch and members of Gram Panchayat Kolhigolhar, were removed from office by an order dated 22-03-2017 passed by the Divisional Commissioner (respo...

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Bombay High Court Allows Petition of Peon Seeking Retirement at 60 Years Under Government Resolution Dated 15.11.1985. Employee in Service Prior to 15.11.1985 Entitled to Retirement at 60 Years Despite Confirmation After That Date....

The petitioner, Shiodas s/o Bhimrao Pise, was employed as a Peon with the Maharashtra State Secondary and Higher Secondary Education Board. He was informed by communications dated 9.3.2017 and 15.3.20...