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High Court Quashes Detention Order Due to Delay in Representation Decision. The unexplained delay in processing the detenu's representation violated his constitutional rights under Article 21....

The case involved a petition filed under Article 226 of the Constitution of India challenging a detention order issued against the petitioner by the Commissioner of Police, Pune, under the Maharashtra...

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Bombay High Court Dismisses Petition Challenging Compulsory Retirement of Judicial Officer. Governor is Appointing Authority Under Article 234 of Constitution, Overriding Service Rules....

The petitioner, Mrs. Geeta Ramesh Agrawal, was a judicial officer serving as a Metropolitan Magistrate. She was compulsorily retired by an order dated 28 October 2003, issued by the Governor of Mahara...

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Bombay High Court Allows Writ Petition of Co-operative Bank and Recovery Officer Challenging Revisional Order Setting Aside Auction Sale. The Court held that non-compliance with Rule 107(4) notice under Maharashtra Co-operative Societies Rules, 1961 is not fatal to the auction sale if the sale is otherwise valid and the borrower had knowledge of the proceedings....

The petitioners, the Manager and Special Recovery Officer of Adarsh Mahila Nagri Sahakari Bank Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order...

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Bombay High Court Upholds Scrutiny Committee's Invalidation of Halba Tribe Claim for Brothers in Service. Caste Certificate Cancellation Upheld Due to Lack of Evidence of Community Acceptance and Affinity, with Directions for Discharge and Recovery....

The petitioners, Ramesh and Vilas Majrikar, real brothers, were employed in government service based on caste certificates claiming they belong to the Halba Scheduled Tribe. The Scheduled Tribe Certif...

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Bombay High Court Quashes Allotment of Reserved Land for School and Playground to Private Trust in Public Interest Litigation. Land reserved for primary school, secondary school, and playground under Development Plan cannot be allotted to a private educational trust without following proper procedure and ensuring public purpose....

The case involves a Public Interest Litigation filed by Dr. Surendra Ramlal Tiwari and Trimurty Nagar Ground Bachav Kruti Samiti challenging the action of Respondent No. 2 (Nagpur Improvement Trust) i...

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Bombay High Court Allows Appeals Against CESTAT Predeposit Order in Central Excise Clandestine Removal Cases. Electricity Consumption Norms for M.S. Ingots Require Prima Facie Case Assessment for Waiver of Predeposit....

The Bombay High Court heard six appeals under Section 35G of the Central Excise Act, 1944, against a common order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 28 February 2...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Construction Dispute — No Grounds Under Section 34 of Arbitration and Conciliation Act, 1996 Established. Court held that factual findings of arbitrator cannot be re-opened in Section 34 proceedings and that claims not pressed cannot be revived....

The Petitioner, M/s. Ambika Construction Co., was the original claimant in an arbitration arising out of a construction contract for a Plant Quarantine Laboratory at Sewri, Mumbai. The work was to com...

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Bombay High Court Quashes Criminal Proceedings in Tenancy Dispute — No Offence Made Out Under Sections 420, 467, 468, 471 IPC. Criminal prosecution for alleged forgery of lease deed and cheating fails as civil tenancy proceedings were pending and no fraudulent intention was established....

The judgment arises from two connected criminal writ petitions filed before the Bombay High Court, Bench at Aurangabad. The first petition (Criminal Writ Petition No. 218 of 2005) was filed by Narsinh...

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Bombay High Court Allows Petition of Police Sub-Inspector Challenging Invalid Caste Certificate Cancellation. Committee's order quashed due to procedural irregularities and failure to consider pre-independence documents under Article 226 of Constitution of India....

The petitioner, Gopal S/o Hajarilal Yadav, a police Sub-Inspector appointed on 28/2/1983 against a post reserved for Scheduled Tribe, challenged the order dated 25/2/2011 of the Scheduled Tribe Certif...

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High Court of Bombay at Goa Allows State's Writ Petition Against Rejection of Written Statement — Delay Condoned Due to Administrative Bottlenecks. Order VIII Rule 1 CPC Held Directory; Trial Court Directed to Consider Condonation Application on Merits....

The State of Goa and its officers (petitioners) filed a writ petition challenging an order dated 4 June 2011 passed by the learned Principal District Judge, North Goa, Panaji in Civil Suit No.51/2010....