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Bombay High Court Quashes Criminal Proceedings Against School Secretary in Child Death Case Due to Lack of Criminal Negligence. Incident of Child Falling into Cooking Pan Held Accidental, Not Attributable to Any Rash or Negligent Act of Applicant Under Section 304-A IPC....

The applicant, Pundlik s/o Tanbaji Nikhare, an advocate and Secretary of Adiwasi Ashram Shala, Pandhrabodi, Gondia, filed a criminal application under Section 482 CrPC seeking quashing of Summary Crim...

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Bombay High Court Allows Restoration of Complaint Under Section 138 of Negotiable Instruments Act Despite Dismissal for Default — Magistrate Has Inherent Power to Restore Complaint Dismissed Under Section 256 CrPC...

The applicant, Ramdas Bhagwan Bankar, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, against respondent no.1, Ku. Ujwala Panjabrao Lahamge, in Summary Criminal C...

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Decree — Area Not Notified Slum Area Under Maharashtra Slum Areas Act, 1971. Burden of proof on tenant to show premises falls in notified slum area; Appellate Court's finding of fact not interfered with in writ jurisdiction....

The petitioner, a tenant, challenged an eviction decree passed by the Appellate Court under the Maharashtra Rent Control Act, 1999. The core issue was whether the tenanted premises fell within a Notif...

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Bombay High Court Quashes Information Commission Order for Violation of Natural Justice in RBI Disclosure Case. RBI Not Given Hearing Before Order to Disclose Confidential Information Under RTI Act....

The judgment concerns two writ petitions filed against an order of the Goa State Information Commission dated 14.06.2010. The first petition was filed by the Reserve Bank of India (RBI) challenging th...

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Bombay High Court Allows Employer's Appeal in Unfair Labour Practice Case — Labour Court's Finding on Misconduct Not Final, Single Judge Erred in Setting It Aside. The Division Bench held that the finding on issue No. 4 was not a final determination and could not be interfered with in writ jurisdiction at that stage....

The respondent, an employee of the appellant company, faced a departmental enquiry. During the pendency of the enquiry, he filed a complaint under Section 28 of the MRTU & PULP Act before the Labour C...

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Bombay High Court Dismisses Petition by Co-operative Housing Society Challenging CBI Investigation in Corruption Case — Court Holds That Sanction for Prosecution Is Not Required at Investigation Stage and That CBI Has Jurisdiction to Investigate Without State Consent Under Delhi Special Police Establishment Act, 1946....

The petitioner, Adarsh Co-operative Housing Society Limited, a society registered under the Maharashtra Co-operative Societies Act, 1960, filed a Criminal Writ Petition under Article 226 of the Consti...

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Bombay High Court Dismisses Petition Challenging Forfeiture of Properties under SAFEMA. Detention Order Under COFEPOSA Validly Triggers SAFEMA Proceedings Despite Non-Execution of Detention and Redemption of Confiscated Currency....

The petitioner, Smt. Yamini S. Bhagwanji, challenged the forfeiture of three immovable properties and certain bank accounts under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Propert...

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Bombay High Court Dismisses Judgment Debtor's Writ Petition Challenging Forfeiture of Right to Argue in Execution Proceedings. Repeated Adjournments and Non-Compliance with Cost Order Justify Forfeiture Under Order 21 CPC....

The petitioner, Robert Meghraj Wanjari, was the judgment debtor in Special Summary Suit No.1 of 2010, where a decree was passed against him. He filed a First Appeal in the Bombay High Court, which was...

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Bombay High Court Quashes Interim Maintenance Order in Family Dispute Due to Lack of Opportunity to Explain Bank Entries. Matter Remanded for De Novo Consideration of Husband's Financial Capacity Under Hindu Marriage Act, 1955....

The petitioner, Pankaj Gundawar, challenged an order dated 20/11/2010 passed by the Family Court No.3, Nagpur, which directed him to pay interim maintenance of Rs.8000 per month (Rs.5000 for his wife ...