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Bombay High Court Quashes Detention Order in Essential Commodities Case Due to Non-Application of Mind and Lack of Proximate Link. Preventive Detention Under Section 3(2) of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 Set Aside as Detaining Authority Failed to Consider Bail Order and There Was Unexplained Delay....

The petitioner, Ravindra Prakash Nikam, challenged an order of detention passed by the Commissioner of Police, Solapur, on 1 March 2011 under Section 3(2) of the Prevention of Black Marketing and Main...

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Bombay High Court Allows Exclusion of Time Under Section 14 of Limitation Act for Appeal Under Section 35 of FEMA — Appellant Bona Fide Pursued Remedies Before Wrong Forum...

The appellant, Rajkumar Shivhare, was issued a show cause notice under Section 3(C) of the Foreign Exchange Management Act, 1999 (FEMA) on 12 January 2005. Upon adjudication, a penalty was imposed und...

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Bombay High Court Quashes School Tribunal Order Directing Promotion to Laboratory Attendant Post. Post of Laboratory Attendant Held Not a Promotional Post Under MEPS Act, 1977....

The petitioner, Sunil Madhukar Gaikwad, challenged the judgment and order dated 17.3.2006 passed by the School Tribunal, Nagpur in Appeal No.STN/15/2004. The Tribunal had allowed the appeal filed by r...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Stay in Civil Suit for Declaration and Injunction. Appellate Court's Discretionary Order Refusing Stay Pending Appeal Not Interfered With Under Articles 226 and 227 of the Constitution of India....

The petitioners, Tarachand and Kiran Shinde, filed a Regular Civil Suit No. 12/1997 for declaration and permanent injunction in respect of an open plot. The suit was dismissed on 18/11/2010 by the tri...

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Bombay High Court Allows Petition Challenging Disqualification Under Section 14(h) of Bombay Village Panchayats Act, 1958 for Non-Payment of House Tax — Holds That Disqualification Cannot Be Sustained When Tax Demand Was Not Proved to Be in Respect of the Member's Own House....

The petitioner, Ashok Bhimrao Mahure, was an elected member of the Gram Panchayat, Shendurjana Khurd, Taluq Tiwasa, District Amravati. The Gram Panchayat had seven members. In his nomination form, the...

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Bombay High Court Allows Second Appeal in Property Suit Based on Adverse Possession and Invalid Gift Deed. Court holds that a gift deed executed by a husband in favor of his second wife without the consent of the first wife is invalid and that the first wife's possession becomes adverse to the husband after divorce....

The original plaintiff, Shantabai, was the wife of defendant Jagdeo. She could not bear any child and her husband constantly tortured her for divorce for marrying another woman. The husband divorced h...

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High Court Upholds Claimant's Appeal for Enhanced Compensation in Land Acquisition Case — Compensation Increased to Rs. 1,00,000 per Acre. Sale Instances Indicate Higher Market Value than Initially Awarded....

The dispute arose from two appeals concerning the compensation awarded for land acquired by the State of Haryana under the Land Acquisition Act, 1894. The appellant, Jeava Singh, sought enhancement of...

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Bombay High Court Allows Petition of ST Candidate for PG Medical Admission Despite Non-Production of Original Certificates. Court Directs Pragmatic Approach and Admission to be Granted Subject to Production of Certificates or Affidavit....

The petitioner, Dr. Ashok Vithal Date, a scheduled tribe candidate, appeared for the common entrance test for medical post graduate courses in Maharashtra and the All India CET. Initially, he did not ...