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Bombay High Court Division Bench Upholds Maintainability of Letters Patent Appeal in Tenancy Dispute Against Order of Single Judge. The Court Applies Full Bench Test to Determine that Facts Justify Invocation of Article 226, Making Appeal Maintainable Under Clause 15 of Letters Patent....

The appeal arose from a writ petition filed by the appellants (legal representatives of original tenants) challenging the Maharashtra Revenue Tribunal's decision in a tenancy revision. The original pr...

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High Court of Karnataka Quashes CAT Interim Order in Service Matter — Deputation Absorption Dispute. CAT lacked jurisdiction to restrain State Government from absorbing deputationists into Karnataka Administrative Service, and order passed without hearing affected parties violates natural justice....

The petitioners, eight officers of the Karnataka State Government, were on deputation to various departments and were sought to be absorbed into the Karnataka Administrative Service. The fifth respond...

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Karnataka High Court Dismisses Petition to Quash Criminal Proceedings in Private Complaint for Cheating and Forgery. Court Holds That Cognizance and Summons Were Properly Issued Based on Sworn Statement and That Trial Must Proceed Under Section 244 Cr.P.C....

The petitioner, Smt Deepa H, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking to quash the entire criminal proceedings in C.C.No.19587/2016 (arisin...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Age Discrepancy. Consent-Based Sexual Relationship Not Rape Under Section 375 IPC as Promise of Marriage Was Not False from Inception....

The appellant, Amit Shende, was convicted by the Special Judge, Nagpur, for offences under Section 376(2)(n) of the Indian Penal Code (IPC) and Section 4 of the Protection of Children from Sexual Offe...

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Bombay High Court Quashes Show-Cause Notice Against Project-Affected Employee in Land Misrepresentation Case. Policy Interpretation Under Section 2(2)(c)(i) of Maharashtra Project Affected Persons Rehabilitation Act, 1999 Favours Petitioner as Only Land Left After Acquisition Considered....

The petitioners, Kundlik s/o Kosru Mate and his son Sharad s/o Kundlik Mate, filed a writ petition challenging a show-cause notice dated 15.03.2002 issued by the District Rehabilitation Officer, Bhand...

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Bombay High Court Dismisses Quo Warranto Petition Challenging Appointment of Additional Judge as Abuse of Process. Petition filed by an advocate questioning appointment of Respondent No.7 as additional judge of Bombay High Court held to be trumpery and frivolous....

The petitioner, an advocate practicing in the Bombay High Court, filed a writ petition seeking a writ of quo warranto challenging the appointment of Respondent No.7 as an additional judge of the Bomba...

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Bombay High Court Dismisses Husband's Petition Challenging Maintenance Order Under Section 125 CrPC — Husband's Plea of No Income Rejected as Wife Entitled to Maintenance Despite Earning Capacity. The court held that the husband's capacity to earn is relevant, not actual income, and the wife's own income does not absolve the husband from liability....

The petitioner, Bhagwat Pitambar Borse, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging the order dated 23.06.2015 passed by the learned Additional Sessions J...

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Bombay High Court Allows Appeals in Land Acquisition Compensation Case — Agreement Not a Bar to Reference Under Section 18 of Land Acquisition Act, 1894. Payment under agreement does not extinguish right to seek higher compensation if agreement was not voluntary or was under coercion....

The appellant, Syed Miya s/o Syed Buran, filed two appeals challenging the judgment and award dated 20.8.1993 passed by the Reference Court, which rejected his references under Section 18 of the Land ...