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Bombay High Court Dismisses Writ Petitions Challenging DRAT Order Confirming Sale of Company Property in Favour of Auction Purchaser. Workers' Dues and Alleged Irregularities Do Not Justify Annulment of Concluded Auction Sale Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993....

The judgment concerns three writ petitions filed under Article 226 of the Constitution challenging an order of the Debts Recovery Appellate Tribunal (DRAT) at Mumbai dated 3 March 2011. The DRAT had s...

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Bombay High Court Allows State's Appeal Against Discharge of Accused in Cheating and Criminal Breach of Trust Case — Prima Facie Case Made Out for Trial. The court restored the trial court proceedings after finding that the Sessions Judge erred in discharging the accused under Section 239 CrPC without considering the material showing inducement and misappropriation....

The State of Maharashtra filed a criminal application under Section 482 CrPC challenging the order of the Sessions Judge, Latur, in Criminal Revision Application No.123/2009, whereby the respondents (...

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Bombay High Court Strikes Down Gender-Discriminatory Amendment to CPC Service Rule. Bombay Amendment to Order V Rule 15 CPC Held Ultra Vires and Unconstitutional for Restricting Service to Adult Male Members Only....

The case arose from a Letters Patent Appeal where the appellant sought to serve notice on respondent no.5. The bailiff returned the notice unserved because only the wife of respondent no.5 was present...

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High Court of Bombay Upholds Family Court's Decision on Property Dispute — Clarifies Ownership Rights in Matrimonial Context....

The judgment arose from two appeals challenging a Family Court decision regarding the ownership of a flat and related property rights following a divorce petition. The husband, Anwar @ Arvind Ramkrish...

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Bombay High Court Dismisses State's Appeal Against Acquittal in NDPS Case — Non-Compliance with Mandatory Provisions Leads to Benefit of Doubt. Failure to Join Independent Panch Witnesses and Improper Search and Seizure Procedure Under Section 20(b)(ii) of Narcotic Drugs and Psychotropic Substances Act, 1985....

The State of Maharashtra appealed against the acquittal of Ramesh Ramchandra Naik by the IIIrd Additional Sessions Judge, Raigad-Alibag, in Sessions Case No.177 of 1999. The respondent was charged und...

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Bombay High Court Acquits Convict in Murder Case Due to Unreliable Extra-Judicial Confession and Weak Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Vilas Shankar Bhilare, was convicted by the 2nd Ad-hoc Additional Sessions Judge, Raigad, for the murder of Anil Bhilare under Section 302 IPC and sentenced to life imprisonment. The pr...

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High Court Dismisses Writ Petitions Challenging Fee Structure of Minority Schools — Orders of Deputy Director of Education Upheld....

The dispute arose from two writ petitions filed by Vibgyor High School and Rustom Kerawalla Foundation against the orders of the Deputy Director of Education regarding the fee structure for the academ...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Supply of Legible Documents and Inadequate Translation. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated....

The petitioner, Rushikesh Tanaji Bhoite, son of the detenu Tanaji Keshavrao Bhoite, challenged the detention order dated 10.1.2011 passed by the District Magistrate, Jalgaon under Section 3(2) of the ...