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Bombay High Court Allows Development Permission Despite Pending Criminal Case Against Different Property Developer. The court held that a criminal case concerning a different property cannot be a valid ground to refuse development permission for a separate land under a valid development agreement....

The petitioners, M/s. Gurudaya Builders, filed a writ petition challenging the refusal of the Municipal Corporation (Respondent No. 3) to grant development permission for land Survey No. 172/2 at vill...

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Bombay High Court Dismisses Suit for Lack of Jurisdiction Due to Exclusive Jurisdiction Clause in Favor of London Courts. Contractual Clause Ousting Jurisdiction of Indian Courts Upheld Where Parties Agreed to English Law and Exclusive Jurisdiction of London Courts....

The plaintiff, LSI Logistic Shipping International S.A., a company incorporated under the laws of Luxembourg, filed a commercial suit against the defendant, RRC International Freight Services Limited,...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex Parte Decree in Money Suit — Service of Summons Valid Under Order 9 Rule 13 CPC. The court held that the defendant had knowledge of the suit and failed to show sufficient cause for non-appearance, upholding the ex parte decree....

The appellant, M/s. CliniRX Research Pvt. Ltd., was the original defendant in a money suit filed by the respondent, Bicare Limited, for recovery of money. The suit was decreed ex parte on 28th July 20...

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Bombay High Court Quashes Externment Order Under Maharashtra Police Act for Lack of Material and Non-Application of Mind. The court held that mere registration of cases, especially when two resulted in acquittal, without independent material or subjective satisfaction, does not justify externment under Section 56(1)(b) of the Maharashtra Police Act, 1951....

The petitioner, Rahul @ Bala Digambar Sonwane, challenged an externment order passed by the Sub-Divisional Magistrate, Bhusawal under Section 56(1)(b) of the Maharashtra Police Act, 1951, externing hi...

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Bombay High Court Quashes Externment Order Under Maharashtra Police Act for Lack of Material Showing Engagement in Offences Involving Force or Violence. The court held that mere registration of offences not involving force or violence cannot sustain an externment order under Section 56(1)(b) of the Maharashtra Police Act, 1951....

The petitioner, Akash Madhukar Patil, challenged an externment order dated 20.01.2017 passed by the Sub-Divisional Magistrate, Bhusawal under Section 56(1)(b) of the Maharashtra Police Act, 1951, exte...

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CRIMINAL APPEAL NO.327 OF 2013...

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High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Dying Declarations. Dying declarations found contradictory and not inspiring confidence as the deceased's statements to different witnesses were inconsistent and the possibility of accidental burns was not ruled out under Sections 302 and 34 of the Indian Penal Code, 1860....

The case involved a criminal appeal by the State against the acquittal of three accused charged with murder under Sections 302/34 of the Indian Penal Code. The prosecution alleged that on 14 February ...

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Bombay High Court Allows Landowner's Petition Declaring Acquisition Lapsed Under Section 24(2) of RFCTLARR Act, 2013 for Non-Taking of Possession and Non-Payment of Compensation. Acquisition Initiated in 1965 Under Land Acquisition Act, 1894 Deemed Lapsed as Neither Possession Taken Nor Compensation Paid....

The petitioner, Joaquim Victor Fernandes, filed a writ petition seeking a declaration that the acquisition proceedings for his plot No. 34 admeasuring 486 square metres in Dona Paula, Goa, had lapsed ...

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Bombay High Court Allows Writ Petition of Junior Engineer Challenging Non-Consideration for Promotion Due to Pending Criminal Proceedings — Directs Consideration of Candidature for Deputy Executive Engineer Post Without Reference to Criminal Case....

The petitioner, Sachin Ganpati Davande, was appointed as a Junior Engineer with the Maharashtra State Electricity Distribution Company Limited (MSEDCL) on 6 June 2006. On 2 July 2011, a criminal case ...

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Bombay High Court Allows Petition Challenging Termination of Lease by MIDC for Non-Use Due to Fire Accident. Lease of 99 Years Cannot Be Terminated Without Affording Opportunity of Hearing and Considering Force Majeure Event....

The petitioners, Vidyut Metallics Ltd. and another, challenged an order dated 28.07.2015 passed by the Maharashtra Industrial Development Corporation (MIDC) terminating a lease agreement dated 11.07.1...