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Bombay High Court Quashes Preventive Detention Order for Being Based on Irrelevant and Inadequate Material. Detention Under Maharashtra Prevention of Dangerous Activities Act, 1981 Set Aside as Subjective Satisfaction Vitiated by Consideration of Irrelevant Material....

The petitioner, Amir Khan Nasib Khan Pathan, aged 22, was preventively detained by an order dated 25 June 2018 passed by the District Magistrate, Wardha (respondent No.2) under the Maharashtra Prevent...

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Bombay High Court Dismisses Discharge Applications in MPID Act Case — Prima Facie Case Made Out Against Directors for Alleged Pyramid Scheme. Court held that at the stage of framing of charge, the court is not required to meticulously appreciate evidence and the test of prima facie case is to be applied....

The judgment pertains to two criminal revision applications filed by the accused persons against the order dated 21.04.2018 passed by the learned District Judge-7 and Additional Sessions Judge, Nagpur...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Intent and Medical Evidence. Conviction under Section 302 IPC set aside as death caused by septicemia from stab wound was not intentional, reducing offence to culpable homicide not amounting to murder under Exception 4 to Section 300 IPC....

The appellant, Sangit s/o Rajaram Ingle, was convicted by the Additional Sessions Judge, Khamgaon, for the murder of Ganesh Ingale under Section 302 of the Indian Penal Code and sentenced to life impr...

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Bombay High Court Upholds Conviction of Secretary in Forgery Case Involving Forged Signatures on Society Documents. Concurrent findings of fact based on expert evidence and witness testimony not interfered with in revision....

The applicant, Pundlik Vishvanath Bangadkar, was the Secretary of Ganesh Shikshan Sanstha, Bhendra. The complainant, Anandrao Wanjari, was the President. In a meeting held on 29-10-1992, elections wer...

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Bombay High Court Allows Writ Petition for Release of Seized Sand in Excess of Transit Permit — Distinguishes Between Illegal Excavation and Excess Transport from Lawful Source. Section 48(7),(8) of Maharashtra Land Revenue Code, 1966 not attracted when sand is from a lawful licensee, as State has no right over such sand....

The petitioner, Harihar Puri, owned a truck (MH30AV1008) that was intercepted by the Tahsildar, Armori on 24 September 2018 while transporting sand. The truck had a transit permit for 5 brass of sand ...

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Bombay High Court Dismisses Petition of Part-Time Lecturers Seeking Conversion to Full-Time Posts — No Right to Conversion Without Government Sanction. State's Rejection of University's Proposal Upheld as Policy Decision Not Subject to Judicial Review....

The petitioners, three part-time lecturers appointed by SNDT Women's University, challenged the State Government's decision dated 27/11/2015 rejecting the university's proposal to convert their part-t...

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Bombay High Court Quashes TPO Order in Transfer Pricing Adjustment for Demerger Transaction. Held that transfer pricing provisions under Section 92 of Income Tax Act, 1961 do not apply to a demerger approved by High Court where assets and liabilities are transferred at book value without any consideration....

The petitioner, Times Global Broadcasting Company Ltd, a wholly owned subsidiary of Benett, Coleman and Company Ltd (BCCL), was engaged in distribution of television channels and providing support ser...

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Bombay High Court Directs Expeditious Decision on Caste Certificate Validity in Writ Petition. Petitioner's Admission Not to Be Cancelled Due to Delay by Scrutiny Committee....

The petitioner, Kum. Bhagyashri Vilas Kale, filed a writ petition before the Bombay High Court seeking a direction to the respondents to decide her claim for a validity certificate expeditiously. She ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Readiness and Willingness. Plaintiff's Averments in Plaint Sufficient to Satisfy Section 16(c) of Specific Relief Act, 1963....

The appellant-original defendant filed a second appeal against the concurrent decrees for specific performance of an agreement to sell passed by the trial court and the first appellate court. The appe...

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Bombay High Court Allows Appeal in Land Acquisition Case — Unsigned Award Declared Invalid. An award under Section 11 of the Land Acquisition Act, 1894 must be signed by the officer; death of officer before signing renders award a nullity and land does not vest under Section 16....

The case involves a second appeal by the original plaintiffs (appellants) against the judgment of the District Court, Thane, which reversed the trial court's decree. The appellants had filed a suit fo...