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Bombay High Court Quashes Criminal Proceedings Against Doctor for Minor Deficiencies Under PCPNDT Act. Minor Lapses in Record-Keeping Do Not Warrant Prosecution Under Sections 23 and 28 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994....

The petitioner, Dr. Sai Shiradkar, a medical practitioner running Suyog Hospital in Nanded, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of th...

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Bombay High Court Quashes Process Against Police Constable in Custodial Violence Case — Lack of Sanction Under Section 197 CrPC. Allegations of beating by police officer during arrest require prior sanction for prosecution as the act was in discharge of official duty....

The applicant, Santosh Uttamrao Gomsale, a police constable posted at Kopargaon police station, filed a criminal application challenging the order of the Judicial Magistrate First Class, Kopargaon, is...

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Bombay High Court Dismisses Revision Against Rejection of Applications to Set Aside Ex-Parte Decree in Suit for Injunction and Possession. Court Holds That Defendant Failed to Show Sufficient Cause for Non-Appearance and That the Trial Court's Discretion Was Not Erroneous....

The case arises from a civil revision application filed by the original defendant No.1, Balkrishna Zawar, challenging a common order dated 5 March 2012 passed by the Civil Judge, Senior Division (Corp...

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Bombay High Court Dismisses Land Acquisition Compensation Claim as Time-Barred Due to 37-Year Delay. Challenge to Award Under Land Acquisition Act, 1894 Rejected for Unexplained Laches....

The petitioners, Babasaheb Eknath Wakchaure, Sunil Namdeo Wakchaure, and Balasaheb Gangadhar Wakchaure, filed a writ petition in the Bombay High Court (Aurangabad Bench) challenging an award dated 10 ...

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Bombay High Court Dismisses Revision Petition in Property Dispute — Appointment of Court Commissioner for Measurement Upheld. The court held that appointment of a commissioner under Order 26 Rule 9 CPC is permissible to elucidate any matter in dispute, including measurement, and the revisional court should not interfere with such discretionary orders....

The petitioner, original defendant No.1 in Special Civil Suit No.21 of 2011, challenged the order dated 2nd December 2011 passed by the learned Civil Judge, Senior Division (Corporation Court), Aurang...

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Bombay High Court Dismisses Petition Challenging Maintainability of Appeal by Widow Under Section 9 of MEPS Act. Widow of Dismissed Employee Can Maintain Appeal as Right Survives to Legal Representative for Service and Monetary Claims....

The petitioners, Yogeshwari Shikshan Sanstha and Swami Ramanand Tirth College, challenged an order of the School Tribunal, Aurangabad, dated 15.1.2016, which rejected their application contending that...

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Bombay High Court Allows Appeal in Summary Suit Case Due to Non-Service of Summons. Ex Parte Decree Set Aside as Trial Court Erred in Treating Application Under Order 37 Rule 4 CPC as Review....

The appellant, M/s. Shakti Bioscience Ltd., filed an appeal against an ex parte judgment and decree dated 04.11.2015 passed by the City Civil Court, Mumbai, in a summary suit under Order 37 Rule 2 of ...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Evidence of Public Order Disturbance — Single Criminal Case and In-camera Statements Insufficient to Justify Detention as 'Dangerous Person'...

The petitioner, Arjun Balkrishna Sonavane, challenged a preventive detention order dated 12.10.2015 passed by the Commissioner of Police, Solapur, under Section 3(1) of the Maharashtra Prevention of D...

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Bombay High Court Dismisses Appeal Against Refusal of Ad-Interim Relief in Suit Challenging BMC's Demolition Notice. Occupants of Unauthorized Structures Not Entitled to Injunction Against Statutory Authority Under Section 351 of Mumbai Municipal Corporation Act, 1888....

The appellants, occupants and owners of premises in Manish Apartment, Vile Parle, filed a suit seeking injunction against the Municipal Corporation of Greater Mumbai (BMC) from demolishing their struc...