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Bombay High Court Quashes Externment Order for Lack of Material to Show Alarm or Danger in the Area — Petitioner's Criminal Activities Did Not Justify Externment Under Section 56(1)(a)(b) of Bombay Police Act, 1951...

The petitioner, Mr. Masiullah Mohid Idrishi, challenged an externment order dated 27.11.2009 passed by the Deputy Commissioner of Police, Zone IV, Mumbai, under Section 56(1)(a) and (b) of the Bombay ...

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Bombay High Court Allows Multi State Co-operative Bank's Petition Against Provident Fund Coverage. The court held that the bank's own provident fund scheme, being more beneficial than the statutory scheme, exempts it from the Employees' Provident Funds and Miscellaneous Provisions Act, 1952....

The petitioner, The Ratnakar Bank Ltd., a Multi State Co-operative Bank, filed a Writ Petition seeking a declaration that it is not covered under the Employees' Provident Funds and Miscellaneous Provi...

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Bombay High Court Allows Accused's Petition in Cheque Dishonour Case for Handwriting Expert Opinion. Accused entitled to send disputed cheque for expert opinion to rebut presumption under Section 139 of Negotiable Instruments Act, 1881....

The petitioner, Dada Ghanshyam Pathak, was the original accused in STCC No.1489/2006 filed by respondent No.2, Minabai Kishor Patil, under Section 138 of the Negotiable Instruments Act, 1881. The comp...

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Bombay High Court Allows Appeal in Part, Restores Suit Against Guarantors and Awards Contractual Interest in Bank Recovery Suit. Guarantor liability is co-extensive with principal debtor; contractual interest must be awarded as agreed until date of suit and thereafter at court's discretion but not less than contractual rate under Order 34 Rule 11 and Section 34 CPC....

The appellant, Bank of Baroda, filed a suit for recovery of Rs. 7,85,655.50 against defendants, including the principal borrower firm (defendants 1-3) and guarantors (defendants 4 and 5). The trial co...

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Bombay High Court Allows Petition Against Impounding of Agreement for Sale in Specific Performance Suit — Document Already Admitted in Evidence Cannot Be Impounded Under Stamp Act. Section 35 of Bombay Stamp Act, 1958 Bars Impounding After Admission, Even if Agreement Contains Incorrect Possession Clause....

The petitioner, Bhupendrabhai Rambhai Patel, filed a suit for specific performance of an agreement for sale dated 07.06.2002, along with a prayer for recovery of possession of the suit field. The agre...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Rejection of Reference for Compensation for Mining Lease Rights in Land Acquisition. Mining Lessee Not Entitled to Separate Compensation for Loss of Mining Rights Under Land Acquisition Act, 1894....

The petitioner, Pravinkumar Gosalia, was a mining lessee of certain lands in Quitol Village, Quepem Taluka, Goa. His father had obtained a mining lease for 30 years from 13.12.1968, which was transfer...

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Bombay High Court Dismisses Writ Petition Challenging Interlocutory Order Curtailing Cross-Examination in Civil Suit. Cross-Examination at Interim Stage is Discretionary and Can Be Limited to Relevant Points Under Order 19 Rule 1 CPC....

The petitioner, Albina Alen Fernandes, filed a civil suit against the respondents, Kelwyn John Nicholas Pereira and others, seeking declaration and injunction. During the hearing of an application for...

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Bombay High Court Quashes Order Requiring Individual Flat Owners to Deposit Entire Building's Property Tax for Appeal. Small Causes Court Order Set Aside as Condition of Depositing Tax for Whole Building is Harsh and Inequitable....

The petitioners, owners of five premises in Maker Chamber V, Nariman Point, Mumbai, challenged an order of the Small Causes Court that required them to deposit the entire increased property tax for th...

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High Court of Bombay Examines Writ Petitions Against Slum Rehabilitation Permissions — Earlier Appeals Under Section 35 of Maharashtra Slum Areas Act Dismissed. Developer Contends Petitioners Lack Locus Standi as Only Minority of Society Members Objected....

The case involved two writ petitions filed by certain members of registered co-operative housing societies, namely Hanuman Hitwardhak SRA CHS Ltd., Ekta CHS Ltd., Pradnya SRA CHS Ltd., and Asthavinaya...

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Bombay High Court Acquits Accused in Attempt to Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Sections 307, 506(2) r/w 34 IPC and Section 135 Bombay Police Act set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Anil Namdeo Rajguru, was convicted by the Additional Sessions Judge, Greater Mumbai in Sessions Case No.732 of 1998 for offences punishable under Sections 307, 506(2) read with Section ...