Bombay High Court

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Bombay High Court Allows Petition Against Seizure of Poppy Seeds Under NDPS Act — Poppy Seeds Not 'Opium' or 'Opium Derivative' Under Section 2(xvi) and 2(xvii) of NDPS Act, 1985. Poppy seeds are expressly excluded from the definition of 'poppy straw' under Section 2(xviiid) and are not covered by any definition under the NDPS Act, making their seizure illegal....

The petitioners, Chailbihari Trading Private Limited and its director, filed a writ petition challenging the seizure of poppy seeds (khas-khas) by the Central Bureau of Narcotics (CBN) under the Narco...

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Bombay High Court Dismisses Admiralty Suit for Cargo Damage Claim Due to Lack of In Rem Jurisdiction and Limitation Bar. The court held that the vessel was not within Indian territorial waters at the time of suit filing and the claim was time-barred under the one-year limitation period under Article III Rule 6 of the Hague Rules....

The plaintiff, Elecon Engineering Company Limited, filed an admiralty suit in rem against the vessel 'Rickmers Dubai' and other defendants for recovery of damages for short delivery and damage to carg...

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Bombay High Court Dismisses Licensee's Writ Petition Against Eviction Decree in Leave and License Dispute — Licensee Failed to Renew Agreement Despite Licensor's Readiness, Eviction Upheld Under Presidency Small Cause Courts Act, 1882....

The petitioner, Suhas Janardan Chavan, proprietor of M/s. Suhas Hydro Systems, was a licensee of an industrial shed admeasuring 4000 sq. ft. under a leave and license agreement dated 1st October 1998 ...

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Bombay High Court Awards Compensation for Illegal Detention of 36 Days as Convict Despite Suspension of Sentence. Petitioner's sentence was suspended by Supreme Court but jail authorities failed to release her, leading to violation of fundamental rights under Article 21....

The petitioner, Imtiyajbi w/o Akbar Shah, a 70-year-old woman, was convicted in Sessions Case No.301/2000 by the Additional Sessions Judge, Aurangabad for an offence punishable under Section 307 of th...

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Bombay High Court Allows Petition of Life Convict Seeking Set-off of Undertrial Detention Under Section 428 CrPC. Prison Authorities Directed to Compute and Deduct Period of More Than Two Years Spent as Undertrial from Life Sentence After Commutation of Death Sentence....

The petitioner, Clint Fernandez, was convicted in Sessions Case No. 112 of 2004 and sentenced to death by the trial court. He appealed to the Supreme Court in Criminal Appeal No. 1092 of 2006, which p...

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Bombay High Court Quashes Criminal Proceedings Against Teachers in Absence of Prima Facie Case Under Sections 354, 509, 294 IPC. Allegations of Outraging Modesty and Obscene Acts Found Baseless as Complainant's Own Conduct and Delay Indicate Malicious Prosecution....

The applicants, Mhd. Mazhar Mhd. Iqubal and Mhd. Salauddin Mhd. Badiyoddin, were Assistant Teachers at Urdu High School run by Kamel Education Society, Parbhani. The respondent No.2, Shaikh Shahana Be...

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Bombay High Court Upholds Acquittal in Murder Case Due to Unreliable Testimony and Lack of Corroboration — Land Dispute Leads to Fatal Assault but Prosecution Fails to Prove Guilt Beyond Reasonable Doubt....

The State of Maharashtra filed an appeal against the acquittal of five respondents (Bhika Raoji Hajare, Macchindra Bhika Hajare, Lahanu Bhika Hajare, Sonabai w/o Bhika Hajare, and Kalpana w/o Macchind...

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Bombay High Court Upholds Compensation for Breach of Status Quo Order in Property Dispute — District Judge's Order to Pay Rs.1,00,000/- Upheld as Proportionate Penalty for Violation of Interim Injunction Under Order 39 Rule 11 CPC....

The petitioner, Hasan Ali Bohra, was the defendant No.3 in a civil suit filed by respondent No.1, Sindhutai Dabhade, seeking a declaration that a sale deed executed in favour of the petitioner was not...

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Bombay High Court Dismisses Petition Challenging Rejection of Sugar Export Subsidy Claims Due to Late Submission. Government's decision to close case files based on Finance Department's advice that proposals were submitted very late was upheld as reasonable and not arbitrary....

The petitioners, K.M. Sakhar Karkhana Pvt. Ltd. and its director, filed a writ petition challenging two letters dated 2nd August 2017 and 29th August 2017 issued by the Government of Maharashtra and t...