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Bombay High Court Quashes Detention Order Under MPDA Act for Detenu in Judicial Custody — Failure to Show Imminent Possibility of Bail Renders Order Invalid. Preventive detention cannot be sustained when detenu is already in custody and no cogent material exists to indicate likely release on bail....

The petitioner, father of the detenu Jaidev @ Rajubhai @ J.D. Ramji Mishra, filed a habeas corpus petition under Article 226 of the Constitution challenging the detention order dated 8/10/2009 passed ...

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Bombay High Court Quashes FIR Against NMMC Officers in SC/ST Act Case — No Prima Facie Case as Alleged Insult Occurred in Private Meeting, Not in Public View. Requirement of 'Public View' Under Section 3(1)(x) of SC/ST Act Not Satisfied When Incident Takes Place in Closed Chamber Without Public Presence....

The petitioners, five senior officers of the Navi Mumbai Municipal Corporation (NMMC), filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedu...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Motive and Incomplete Circumstantial Evidence. Conviction under Sections 302 and 201 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Eknath Ramu More, was convicted by the Additional Sessions Judge, Jalgaon for the murder of his wife Sumanbai under Sections 302 and 201 of the Indian Penal Code, 1860, and sentenced to...

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Bombay High Court Allows Revision in Summary Criminal Case Under Section 138 NI Act — Trial Must Be De Novo After Transfer Under Section 326 CrPC. The Court held that in summary trials, the successor Magistrate cannot act on evidence recorded by predecessor and must conduct de novo trial....

The applicant, Jaikishan Kanjiwani, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, M/s Kumar Matching Centre, for dishonour of a cheque. The case w...

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Bombay High Court Allows Second Appeal in Landlord-Tenant Dispute Over Open Plot — Tenant's Denial of Title and Non-Payment of Rent Justify Eviction. Tenant estopped from denying landlord's title under Section 116 of Indian Evidence Act, 1872, and notice to quit under Section 106 of Transfer of Property Act, 1882 held valid....

The plaintiff, Shri Swami Narayan Mandir, Amravati, through its Wahiwatdar, filed Regular Civil Suit No. 758 of 1988 for recovery of possession of an open plot of land admeasuring 2603 square feet bea...

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Bombay High Court Allows Withdrawal of Election Petition After Trial Completion Under Section 109 Representation of the People Act, 1951 — Petitioner's Lack of Confidence in Grounds Justifies Leave. The court held that Section 109 permits withdrawal at any time before decision is pronounced, and discretion to grant leave is not ousted by Section 98....

The petitioner, Somnath Zuvarkar, a defeated candidate in the election held on 2 June 2007, filed an election petition under Section 100(1)(d)(i) of the Representation of the People Act, 1951, challen...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Detenu Already in Judicial Custody Without Bail Application. Preventive detention held unjustified when there was no imminent possibility of release on bail, as the detenu had not applied for bail and was in judicial custody....

The petitioner, father of the detenu Pritesh Dinesh Doshi, challenged the detention order dated 11/8/2009 passed under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, ...

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Bombay High Court Upholds Conviction for Gang Rape and House Trespass in Appeal by Accused No.2. Testimony of Prosecutrix Found Credible and Corroborated by Medical Evidence and CA Report....

The appellant, Mohammed Shakur Javed Ali Shaikh, was convicted by the Additional Sessions Judge, Greater Bombay in Sessions Case Nos. 669/2000 and 1053/2001 for offences under Section 376(g) (gang rap...

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Bombay High Court Upholds Conviction of Five Accused for Dacoity Under Section 395 IPC. Identification by Witnesses and Recovery of Stolen Articles Held Sufficient to Sustain Conviction....

The case pertains to a dacoity that occurred on 12 May 2003 at the office of Jasmine Cooperative Credit Society in Kalyan. The appellants, along with another accused, were charged under Section 395 of...