Bombay High Court

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Bombay High Court Allows Writ Petition Challenging Resumption of Lease Land — Holds That Pre-Code Leaseholders Under Berar Land Revenue Code Are Entitled to Hold Land in Perpetuity. Section 54(2) of Berar Land Revenue Code, 1928 Protects Existing Leasehold Rights and Prevents Resumption Without Due Process....

The petitioner, Raoji Hambarde Charitable Trust, challenged the order dated 4-6-1993 passed by the Collector, Amravati, resuming Plot No.9/1, Sheet No.67(A), admeasuring 32026 sq.ft., which had been a...

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Bombay High Court Dismisses Petition Challenging Dismissal Order Under Article 311(2) Second Proviso (b) of Constitution of India — Subsequent Acquittal Does Not Revive Stale Challenge. Dismissal Order Based on Conviction Attained Finality; Petition Dismissed as Stale....

The petitioner, Satish L. Gawte, was dismissed from service by order dated 7 October 1998 under Article 311(2) second proviso (b) of the Constitution of India, following his conviction by the Sessions...

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Bombay High Court Upholds Conviction for Assault on Public Servant in ST Stand Incident. Accused Convicted Under Sections 323, 332, 353 IPC for Assaulting Bus Conductor During Duty Hours....

The revision application was filed by the son of the original accused, Balasaheb Nivrutti Jagtap, who died during the pendency of the criminal appeal. The accused was prosecuted for offences under Sec...

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Bombay High Court Upholds Conviction of Four Accused in NDPS Case for Possession of Methaqualone Tablets. Court holds that recovery of contraband from a bag belonging to accused No.1 and presence of other accused in the room establishes conscious possession under Sections 8(c), 22(c), and 29 of the NDPS Act, 1985....

The case involves four appellants who were convicted by the Special Judge for NDPS, Greater Mumbai, in NDPS Special Case No.27 of 2006 for offences under the Narcotic Drugs and Psychotropic Substances...

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Bombay High Court Allows Referral to Arbitration in Specific Performance Suit — Agreement of Sale Contains Valid Arbitration Clause. Section 8 of Arbitration and Conciliation Act, 1996 mandates referral when arbitration agreement exists and subject matter is arbitrable....

The Petitioner, Suman Baburao Thapa, was the defendant in Special Civil Suit No.566 of 2011 filed by Respondent Nos.1 and 2 (Jigar K. Mehta and Anand Pawar) for specific performance of an Agreement of...

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Bombay High Court Disposes of Writ Petitions Challenging Section 140(3)(iv) of CGST Act on Transitional Credit for Pre-GST Stock. Petitioners Argue Arbitrary Cut-Off Date Leads to Double Taxation and Discrimination....

A group of manufacturers and traders, including JCB India Limited, manufacturers of excavators and loaders, filed writ petitions before the Bombay High Court challenging the constitutional validity of...

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Bombay High Court Dismisses Writ Petition Challenging Sarpanch Election Due to Alternative Remedy Under Section 16 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. Election Dispute Must Be Raised via Election Petition, Not Under Article 226....

The petitioner, Gokul Chandanmal Sangvi, a defeated candidate in the Sarpanch election of Grampanchayat Fagne, filed a writ petition under Article 226 of the Constitution of India seeking to quash the...