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Bombay High Court Quashes Disqualification of Grampanchayat Member in Maharashtra Village Panchayat Act Case — Encroachment Allegation Not Proved. Disqualification under Section 14(1)(J3) of Maharashtra Village Panchayat Act set aside as inquiry report exonerated petitioner and no encroachment was established....

The petitioner, Shri Shrikant Shrimant Kadam, was elected as a member of Grampanchayat Khodshi from ward No. 3 in the election held on 04/08/2015 for the term 2015-2020. His father had constructed a h...

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High Court of Bombay Acquits Appellant in Rape and Abetment of Suicide Case Due to Inconsistent Dying Declarations. Conviction under Sections 366(A), 376, 306, 506 IPC set aside as dying declarations were contradictory and not corroborated by medical evidence....

The appellant, Madhukar Baswant Barora, was convicted by the Additional Sessions Judge, Kalyan on 3rd July 2012 for offences under Sections 366(A), 376, 306 and 506 of the Indian Penal Code. The case ...

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Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Section 50 and Other Mandatory Provisions. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable....

The appellants, Raju Dhanju Rathod and Ramesh Liganna Mudraj, were convicted by the Special Court for NDPS, Bombay, for offences under Section 20(c) read with Section 8(c) and Section 29 read with Sec...

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Bombay High Court Dismisses Revenue's Appeal in Central Excise Modvat Credit Case — Upholds CESTAT's Order Setting Aside Demand and Penalty for Violation of Natural Justice. The demand under repealed Rule 57-I was invalid after substitution by CENVAT Rules 2002 and the assessee was denied effective opportunity of hearing....

The Commissioner of Central Excise, Thane-II filed an appeal under Section 35G of the Central Excise Act, 1944 against the order dated 27 May 2005 of the Customs, Excise and Service Tax Appellate Trib...

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Bombay High Court Dismisses Petition Challenging Demolition Order for Construction in Breach of Status Quo — Mandatory Injunction Granted to Restore Access Road. Courts can order restoration of status quo ante even without substantive prayer for mandatory injunction when a party acts in breach of an interim order....

The petitioner, Ajay Prakash Ghate, challenged orders of the trial court and appellate court directing demolition of construction undertaken on a road despite a status quo order. The suit was filed by...

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Bombay High Court Allows Petitions Challenging Land Acquisition Under National Highways Act, 1956 for Lack of Personal Hearing. Compensation Determination Set Aside Due to Non-Compliance with Section 3G(2) Requiring Hearing Before Fixing Amount....

The petitioners, owners of land in Nagpur, challenged the acquisition of their land for the construction of a national highway under the National Highways Act, 1956. The land was acquired for the wide...

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Bombay High Court Quashes Abetment to Suicide Case Against Lenders Due to Lack of Instigation. Suicide Note Did Not Mention Applicants; Mere Loan Recovery Not Sufficient to Attract Section 306 IPC....

The applicants, Imran Khan and Gulnaz Khan, were lenders who had advanced money to the deceased, Jugram Lanjewar. Jugram committed suicide by hanging on 29th January 2018. His wife, Sunita Lanjewar, l...

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Bombay High Court Allows Conversion Permission Under Section 44 of Maharashtra Land Revenue Code, 1966 — Deemed Permission Granted Due to Delay. Failure to Obtain No-Objection Certificates Not a Valid Ground for Rejection After Expiry of 90-Day Period....

The petitioner, Rajendra s/o Durgadas Taori, filed a writ petition challenging the communication dated 05/06/2006 rejecting his application under Section 44 of the Maharashtra Land Revenue Code, 1966 ...