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Bombay High Court Cancels Bail in NDPS Case — Commercial Quantity of Opium Determined by Total Weight, Not Morphine Content. The court held that the Special Judge erred in calculating morphine content to bring the quantity below the commercial threshold, and the bar under Section 37 of NDPS Act applies....

The Union of India filed an application for cancellation of bail granted to the respondents (original accused) by the Special Judge (NDPS Act), Pune, in Customs NDPS Sessions Case No.18 of 2011. The p...

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Bombay High Court Dismisses Contempt Petition Against Appellate Authority Under RTI Act. First Appellate Authority under Right to Information Act, 2005 is not a 'Court' within the meaning of Section 2(b) of the Contempt of Courts Act, 1971....

The Petitioner filed a contempt petition alleging breach of an order dated 29th May 2007 passed by the First Appellate Authority and Deputy Commissioner of Police, Circle-III, Mumbai under the Right t...

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High Court of Bombay Admitted a Batch of Appeals from Orders in Property-Related Disputes. The Specific Nature of the Dispute and the Court’s Directions Remain Unclear as the Judgment Text Was Truncated....

The judgment dated 12 December 2011 was delivered by Justice R.M. Borde of the High Court of Bombay (Civil Appellate Jurisdiction). The matter involved a batch of eleven appeals from order, namely AO ...

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Bombay High Court Dismisses Petition Challenging Amendment in Plaint and Agreement in Specific Performance Suit. Court Has Power Under Section 26 of Specific Relief Act, 1963 to Rectify Instrument to Correct Clerical Error in Gat Number....

The present writ petition was filed by the original defendant challenging the order of the trial court allowing the plaintiff's application for amendment under Order 6 Rule 17 of the Code of Civil Pro...

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Bombay High Court Allows Writ Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Summary Suit. Court holds that the trial court failed to consider that the defendant had a valid defence and that the ex-parte decree was passed without proper service of summons under Order 37 CPC....

The petitioners, Kishor Raghunath Pande and Vijaya Raghunath Pande, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 15-02-2011 passed by the 2nd Joint C...

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Bombay High Court Allows Employer's Challenge to Compensation Order in Workmen's Compensation Case — Employer Not Liable for Interest on Delayed Payment as Delay Was Due to Court Proceedings. Commissioner's Order for Interest Under Section 4A(3) of Workmen's Compensation Act, 1923 Set Aside as Employer Had Deposited Amount Within Time....

The petitioner, Shrikrishna Saw Mill, through its proprietor Rasiklal Walji Patel, filed a writ petition challenging an order dated 09-02-2010 passed by the Commissioner for Workmen's Compensation, La...

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High Court Allows Appeal Against Dismissal of Complaint in Default in NI Act Case — Restoration of Complaint Ordered Due to Sufficient Cause for Absence. Miscommunication Regarding Hearing Date Constitutes Sufficient Cause for Non-Appearance Under Section 138 Negotiable Instruments Act, 1881....

The appellant, The Aurangabad People's Cooperative Bank Ltd., filed a criminal appeal challenging the order dated 4-9-2010 passed by the learned 3rd Judicial Magistrate (F.C.), Aurangabad, in S.C.C. N...

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High Court Quashes Search Authorization in Income Tax Case Due to Lack of Justifiable Grounds Established. Search and seizure actions were found to be illegal as no sufficient material was presented to justify the authorization under Section 132 of the Income Tax Act, 1961....

The dispute arose from a petition filed by M/s. Spacewood Furnishers Pvt. Ltd. and its directors challenging the search authorization issued under Section 132 of the Income Tax Act, 1961. The petition...

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Bombay High Court Dismisses Writ Petitions Challenging Validity of Rule 86E of Maharashtra Cooperative Societies Rules, 1961 in Recovery Proceedings. Court Holds That Rule 86E Is Not Ultra Vires Article 14 as Proceedings Under Section 101 Are Summary and Do Not Require Cross-Examination, and Alternative Remedy Under Section 154 Is Available....

The two writ petitions filed under Articles 226 and 227 of the Constitution of India challenged the constitutional validity of Rule 86E of the Maharashtra Cooperative Societies Rules, 1961, and sought...

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Bombay High Court Dismisses Revision Application Against Conviction Under Section 138 of Negotiable Instruments Act for Dishonour of Cheque Due to Account Closure and Stop Payment. Account Closure or Stop Payment After Issuance of Cheque Does Not Absolve Drawer from Penal Liability Under Section 138; Statutory Presumption Not Rebutted....

The case arose from a criminal prosecution under Section 138 of the Negotiable Instruments Act, 1881. The applicant had taken a loan of Rs.20,000 from the respondent, a cooperative society, in 1994, a...