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Bombay High Court Quashes Detention Order Under National Security Act for Non-Service of Order and Denial of Representation Rights. The court held that failure to serve the detention order and inform the detenu of his right to make a representation violates Section 3(2) of the National Security Act, 1980 and Article 22(5) of the Constitution....

The petitioner, Jalil Shaikh, through his brother Abdul Hamed Shaikh, filed a criminal writ petition before the Bombay High Court at Goa challenging a detention order passed under Section 3(2) of the ...

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Bombay High Court Partly Allows Appeal in Workmen's Compensation Case — Enhances Compensation for Driver's Permanent Disability. Employer and Insurer Held Jointly Liable Under Workmen's Compensation Act, 1923 for 100% Loss of Earning Capacity Due to Accident During Employment....

The appellant, Sanjay Bhimrao Sule, a 33-year-old driver employed by respondent No.1 (Omkar Singh Harman Singh), met with a serious accident on 4 November 2004 on the Pune-Mumbai highway while driving...

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Bombay High Court Upholds Conviction of Appellant for Murder and Grievous Hurt in Domestic Violence Case — Life Imprisonment Confirmed. Circumstantial Evidence Including Last Seen and Medical Testimony Sufficient to Prove Guilt Under Sections 302 and 326 IPC....

The appellant, Babu Kunchankuch Vagalil, was convicted by the 11th Adhoc Additional Sessions Judge for Greater Mumbai at Sewree in Sessions Case No.1093/1996 for offences punishable under Sections 302...

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Bombay High Court Dismisses Appeal in Partition Suit, Upholds Single Judge's Refusal of Interim Relief. Court holds that property acquired by siblings after father's insolvency cannot be presumed to be joint family property without evidence of joint funds or common business....

The appeal arose from a judgment of a learned Single Judge dated 27 August 2013 dismissing a motion for interim relief in a suit for partition. The appellant, Gopal Bhagwandas Ahuja, was the original ...

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Bombay High Court Quashes FIR Under SC/ST Act in Counter-Complaint Case — Finds Allegations of Caste-Based Abuse Unsubstantiated and Malicious Prosecution. The court held that the FIR was a counterblast to the applicant's earlier complaint and lacked credible material, amounting to abuse of process under Section 482 CrPC....

The applicant, Navalkishor Santosh Jaiswal, a Deputy Engineer with the Maharashtra State Electricity Distribution Company Limited (MSEDCL), filed a criminal application under Section 482 of the Code o...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Prove Service of Demand Notice as Required by Law....

The applicants (accused) filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of criminal proceedings in Summary Criminal Case No. 244 of 2010 pendin...

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Bombay High Court Dismisses Appeal of Teacher in Termination Dispute Due to Lack of Approval by Education Officer. Appointment of Assistant Teacher Without Approval Under Section 5 of MEPS Act and Rules Renders Termination Not Actionable Under Section 9 of MEPS Act....

The appellant, Sudhakar Trimbakrao Kalmegh, was appointed as an Assistant Teacher in a school administered by respondent no.1 society on 15th July 1994 on probation for two years. He claimed his servi...

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Bombay High Court Allows Appeal in Cooperative Society Dispute — Dispute Under Section 91 of MCS Act Maintainable Against Expulsion Under Section 35. Cooperative Court Has Jurisdiction to Decide Validity of Expulsion Resolution, Remedy Under Section 91 Not Barred by Section 35 Appeal....

The appellant, a member of the respondent housing society, filed a dispute under Section 91 of the Maharashtra Cooperative Societies Act, 1960 before the Cooperative Court, Amravati, challenging his e...

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Bombay High Court Dismisses Petition Challenging Administrative Tribunal Order in Land Dispute. Court upholds concurrent findings that petitioners failed to prove tenancy or ownership over disputed property under the Goa, Daman and Diu Agricultural Tenancy Act, 1964 and the Portuguese Civil Code....

The case involves a writ petition filed by the legal representatives of Smt. Jaiwanti Narayan Kamat (since deceased) against an order of the Administrative Tribunal of Goa at Panaji and other responde...