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Bombay High Court Quashes Externment Order Against Petitioner in Maharashtra Police Act Case — Failure to Consider Less Restrictive Measures. Externment Order Set Aside as Sub-Divisional Magistrate Did Not Record Satisfaction That Other Measures Were Inadequate Under Section 56 of Maharashtra Police Act, 1951....

The petitioner, Satish S/o Bhimrao Dolse, filed a Criminal Writ Petition before the Bombay High Court challenging an externment order dated 2nd August 2016 passed by the Sub-Divisional Magistrate, Jal...

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Bombay High Court Quashes FIR and Revisional Order for Violation of Accused's Right to Hearing in Pre-Process Stage Revision. Accused Entitled to Notice Under Section 401(2) CrPC When Revision Challenges Magistrate's Refusal to Direct Investigation, Following Supreme Court Precedent....

The applicants, Shankar Patil and others, were named as accused in a complaint filed by respondent No.2, Chandrabai, alleging conspiracy and forgery of a Will of her step-mother. The complaint was fil...

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High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Insurer Not Liable When Insured Exonerated. The Tribunal's order fastening liability solely on the insurer while exonerating the insured and owner was held to be legally unsustainable under Section 166 of the Motor Vehicles Act, 1988....

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the legal heirs of deceased Jaydev Meshram (respondent Nos. 1 to 4) against the New Ind...

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Bombay High Court Quashes Criminal Proceedings in Forgery Case Due to Lack of Sanction Under Section 195 CrPC. Complaint Based on Alleged Forged Document Filed in Industrial Court Proceedings Requires Sanction Before Cognizance....

The applicants, employees of the Bhandara District Milk Producers' Co-operative Federation, were accused of forging a letter dated 11th April 2007 and using it in proceedings before the Industrial Cou...

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Bombay High Court Holds That Proceedings Under Protection of Women from Domestic Violence Act, 2005 Are Civil in Nature and Section 482 CrPC Is Not Applicable. The Court Answered the Reference by Holding That the High Court Cannot Exercise Its Inherent Powers Under Section 482 CrPC in Respect of DV Act Proceedings....

The present reference arises out of an order dated 13/2/2015 passed by a learned Single Judge in Criminal Application No.578/2011. During the hearing, it was brought to the notice of the learned Judge...

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Bombay High Court Allows Ph.D. Registration Extension Despite Delay — Directory Nature of Time Limit. Requirement to apply three months before expiry held directory where no prejudice caused and delay minimal....

The petitioner, Smt. Sudha Ganeshdatta Tiwari, applied for Ph.D. registration on 15.7.2010 with Rashtrasant Tukdoji Maharaj Nagpur University. Her application was considered under Direction No.10/2011...

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Bombay High Court Quashes Criminal Proceedings Against Bangladeshi National in NDPS Case — No Conscious Possession of Narcotics Established. Petitioner's Toilet Kit Contained 0.5 gm Heroin Without His Knowledge; Court Held That Mere Presence of Contraband in Baggage Without Awareness Does Not Constitute Offence Under Section 21(b) of NDPS Act, 1985....

The petitioner, M. A. Latif Shahrear Zahedee, a Bangladeshi national and businessman, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal...

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Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits....

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition challenging an order of the Debt Recovery Appellate ...