Bombay High Court

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Bombay High Court Dismisses Habeas Corpus Petition in Customs Act Detention Case — Detention Held Not Illegal. Petitioner's arrest under Section 104 of Customs Act, 1962 and subsequent judicial custody were lawful; no violation of Articles 14, 21, 22 of Constitution found....

The petitioner, Ankit Ghanshyam Mutha, filed a writ petition seeking a writ of habeas corpus and direction for his release from custody of the Directorate of Revenue Intelligence (DRI) in connection w...

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Bombay High Court Dismisses State's Appeal Against Acquittal in Corruption Case Due to Lack of Proof of Demand and Acceptance. The Court Held That the Prosecution Failed to Establish Essential Ingredients Under Section 7 and 13(1)(d) of Prevention of Corruption Act, 1988, as the Bribe Amount Was Found on the Floor and Not on the Accused....

The State of Maharashtra appealed against the judgment and order dated 25.5.2001 passed by the Special Judge, Solapur, acquitting the respondent Sardar Chandsaheb Silar of offences punishable under Se...

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Bombay High Court Quashes Externment Order in Gambling Case — Externment Based on Minor Offences Under Maharashtra Prevention of Gambling Act Held Disproportionate and Unjustified. The court held that offences under the Maharashtra Prevention of Gambling Act are minor and do not justify externment under Section 56 of the Maharashtra Police Act, 1951....

The petitioner, Ganesh Sudhir Kharade, a resident of Kaij, District Beed, challenged an externment order passed by the Superintendent of Police, Beed, on 5.4.2019, confirmed by the Additional Commissi...

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Bombay High Court Allows Second Appeal in Easement by Prescription Case — Right of Way Established Over Dhura for Agricultural Access. Plaintiffs' Suit for Mandatory Injunction to Remove Thorny Compound and Restrain Interference with Right of Way on Gat No. 117 Allowed Based on Long User and Acquiescence....

The case involves a second appeal filed by the original plaintiffs, Wasudeo and Leeladhar Kale, against the judgment of the first appellate court which reversed the trial court's decree in their favor...

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High Court Allows Appeal in Railway Accident Case Due to Absence of Negligence by Deceased Passenger. Deceased fell from moving train due to sudden push of door, not his own negligence, entitling widow to compensation under Section 124-A of the Railways Act, 1989....

The appellant, Raeesa Begum, widow of Mohammad Gaus, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for the death of her husband who died after falling from a moving tr...

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Bombay High Court Allows Life Convict's Petition Challenging Forfeiture of Remission for Parole Overstay. Superintendent's Order Quashed for Non-Consideration of Explanation, Violating Natural Justice....

The petitioner, Sandeep S/o Kisan Khadse, a life convict sentenced on 31.01.2003, was released on furlough leave on 16.02.2008 for 30 days. He overstayed and was arrested on 22.08.2009. A show cause n...

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Bombay High Court Allows Appeals of Assistant Teachers in School Termination Dispute — Appointment Not Void Ab Initio Despite Non-Compliance with M.E.P.S. Act, 1977. School Tribunal's Order of Reinstatement Upheld as Management Failed to Follow Proper Termination Procedure Under Section 5 of the Act....

The case involves three Letters Patent Appeals filed by Assistant Teachers (Smt. Shobha Karve, Smt. Sharada Sureshrao Deshmukh, and Smt. Asha A. Gavkar) against the judgment of a learned Single Judge ...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Bail Conditions and In-camera Statements Not Verified. The court held that the detaining authority's failure to consider the detenu's bail status and to verify in-camera statements vitiated the subjective satisfaction under Section 3 of the MPDA Act....

The petitioner, Pravin @ Bhayya Pratap Shinde, challenged a preventive detention order dated 06/09/2019 passed by the Commissioner of Police, Pune, under Section 3 of the Maharashtra Prevention of Dan...

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Bombay High Court Quashes Provisional Attachment of Bank Account in GST Case — Attachment Without Show Cause Notice Violates Principles of Natural Justice. Section 83(1) of CGST Act, 2017 Requires Prior Notice and Opportunity of Hearing Before Attachment....

The petitioner, Kaish Impex Private Limited, a company engaged in the export of perfumes and compound fragrance oil and registered under the Goods and Services Tax Act, 2017, challenged the action of ...