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Bombay High Court Quashes Criminal Case Against Psychiatrist Under Drugs and Cosmetics Act — Exemption Under Rule 123 and Schedule K Applies to Registered Medical Practitioners Supplying Medicines to Own Patients. The court held that a registered medical practitioner who examines a patient and supplies medicines from a duly accounted stock is exempt from licensing requirements under Section 18(c) of the Drugs and Cosmetics Act, 1940, and the order issuing process without reasons was bad in law....

The petitioner, a registered medical practitioner and psychiatrist, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Special (Drugs & Cosmetics) Crim...

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  • 354
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Bombay High Court Allows Habeas Corpus Petitions for Custody of Children Allegedly Adopted Through Unlawful Means — Emphasizes Child's Welfare Over Procedural Irregularities in Adoption Deeds. Court holds that writ of habeas corpus is maintainable by persons claiming custody of minor children, even if not biological parents, and that the best interest of the child is paramount, directing interim custody to petitioners pending investigation....

The Bombay High Court dealt with three writ petitions seeking habeas corpus for custody of minor children who were taken away by the Child Welfare Committee (CWC) and placed in Baal Asha Trust followi...

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  • 604
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Bombay High Court Dismisses Plaintiffs' Suit for License Fee and Compensation, Allows Defendant's Counter-Claim for Losses Due to Suppression of No Development Zone Status. Plaintiffs held liable for fraudulent misrepresentation regarding land use, entitling Defendant to damages for demolished tower....

The plaintiffs, owners of a larger property in Madh, Malad, Mumbai, entered into a leave and license agreement with the defendant, a telecom company, on 18.09.2008, granting the defendant the right to...

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  • 451
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Bombay High Court Allows Society's Petition in Servant Quarters Eviction Dispute — Cooperative Court Has Jurisdiction Under Section 91 MCS Act. Dispute for recovery of possession of servant quarters from ex-employee held to be touching management of society, not business....

The Bombay High Court allowed a writ petition filed by a cooperative housing society challenging an order of the Cooperative Appellate Court which had set aside the Trial Court's judgment on the groun...

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  • 759
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Bombay High Court Dismisses Writ Petition Challenging Termination of E-Ticketing Contract, Directs Parties to Arbitration. Contractual disputes involving disputed questions of fact are not amenable to writ jurisdiction under Article 226 of the Constitution of India when an arbitration clause exists....

The Petitioner, a Private Limited Company, challenged the termination notice dated 13.06.2024 issued by the Respondent No.2 – Aurangabad Smart City Development Corporation Limited (ASCDCL) terminati...

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  • 403
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High Court Allows Appeal in ESI Coverage Dispute — Perverse Finding on Employee Count Quashed. Determination of ESI contributions set aside as court finds no evidence that two professionals were employees, thus establishment not liable for coverage under ESI Act prior to February 1986....

The appellant-establishment, engaged in manufacturing packing boxes and plywood reels, challenged an order under Section 45-A of the Employees' State Insurance Act, 1948 (ESI Act) determining ESI cont...

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  • 430
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Bombay High Court Dismisses Petition Seeking Quashing of FIR in NDPS Act Case — Ignorance of Gazette Notification Not a Defence. Export of Controlled Substance Without NOC from Narcotics Commissioner Constitutes Prima Facie Offence Under Sections 9A, 25A, 29, 59 of NDPS Act....

The applicant, a director of Vivalavita Pharmaceuticals Pvt. Ltd., sought quashing of FIR No. 48 of 2019 registered by the Anti Drug Department, Azad Maidan Unit, Crime Branch, Mumbai for offences und...

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  • 626
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Bombay High Court Allows Writ Petition Challenging Scrutiny Committee's Rejection of Scheduled Tribe Certificate — Pre-Constitutional Records of 'Dhor Koli' and 'Tokre Koli' Held Synonymous Under Presidential Order Entry 28, Committee's Order Quashed....

The petitioner challenged the order of the Scheduled Tribe Certificate Scrutiny Committee (respondent no. 2) which refused to validate her 'Tokre Koli' Scheduled Tribe certificate and directed its con...

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  • 485
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High Court of Karnataka Hears Two Regular Second Appeals Challenging Dismissal of Suits for Specific Performance and Permanent Injunction. Court Delivers Judgment on Substantial Questions of Law Concerning Execution of Agreement of Sale, Possession, and Limitation....

These two regular second appeals arose from cross-suits concerning an agreement of sale dated 22.03.1985 over agricultural land bearing RS No. 17/1 of Kochari village, measuring 1 acre 38 guntas. The ...

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  • 40
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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Multiplier Corrected from 13 to 14 and Future Prospects Added for Self-Employed Victim. The court held that the Tribunal erred in applying multiplier 13 and not adding future prospects, and that there was no contributory negligence by the deceased....

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, Muthaiah Shetty, who died in a road accident on 18.06.2006. The deceased was a pillion rider on...

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

Bombay High Court Dismisses MBBS Student's Writ Petition Seeking Fourth Attempt in Anatomy...

High Court of Bombay Hears Writ Petitions Challenging Tenancy Orders Under Bombay Tenancy ...

Supreme Court Acquits Appellant in Prevention of Corruption Act Case Due to Absence of Pec...

Supreme Court Modifies High Court Order Appointing Different Arbitrator Under Section 11 o...

Supreme Court Upholds Scrutiny Committee Invalidation of Scheduled Tribe Caste Claim but P...

Supreme Court Allows Homebuyers' Appeal and Waives Time Extension Charges Imposed by Devel...

Supreme Court Dismisses Insurer's and Claimant's Appeals in Motor Accident Death Compensat...

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