Bombay High Court

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Bombay High Court Dismisses Application for Stay of Conviction in Cooperative Bank Fraud Case — Economic Offence Not an Exceptional Case for Stay Under Section 389(2) CrPC. The court held that the right to represent the constituency does not override the need to maintain integrity in electoral process and that economic offences warrant strict scrutiny....

The applicant, a former Cabinet Minister and Member of the Maharashtra Legislative Assembly, was convicted by the Additional Chief Judicial Magistrate, Nagpur on 22.12.2023 for offences under Sections...

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Bombay High Court Allows Application to Reject Caveat in Probate Petition for Lack of Caveatable Interest. Brother of Deceased Cannot Oppose Grant of Probate Based on Adverse Title Claim to Subject Property....

The petitioner, the nephew and sole executor of the deceased Dhruva Kumar Makharia, filed a petition for grant of Probate of the deceased's Will dated 14th April 2014. The Caveator, Pramod Kumar Makha...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Eviction Suit — Foundational Pleadings Already Present, No Change in Nature of Suit. The court held that the amendment adding grounds of unlawful subletting and non-user did not alter the nature of the suit and was necessary to avoid multiplicity of litigation....

The Bombay High Court dismissed a petition challenging an order of the Small Causes Court, Mumbai, which allowed the plaintiffs to amend their plaint in a suit for recovery of possession pending since...

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Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988....

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines key judgments and arguments from conflicting Apex C...

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Bombay High Court Quashes Detention Order in MPDA Case Due to Lack of Subjective Satisfaction and Unexplained Delay. Preventive detention order set aside as detaining authority failed to establish live-link between alleged activities and public order disturbance....

The petitioner challenged a detention order passed under the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA Act) and its subsequent approval. The petitioner was alleged to be involved ...

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Bombay High Court Grants Bail to Accused in NDPS Case Due to Incomplete Chargesheet and Non-Compliance with Section 36-A(4) of NDPS Act. Court held that filing of chargesheet without FSL Report and without proper extension under Section 36-A(4) renders the chargesheet incomplete, entitling accused to default bail under Section 167(2) CrPC....

The applicants were arrested on 18.5.2023 in connection with Crime No.401/2023 for offences under Sections 8(b), 8(c), 21(c), and 29 of the NDPS Act for possession of 141.6 grams of Mephedrone. They f...

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Bombay High Court Quashes Termination of Contractor's License by Zilla Parishad for Lack of Hearing and Proportionality. Single Incident of Entering Meeting Hall in Self-Defence Not Sufficient Ground for License Cancellation Under Executive Instructions....

The Bombay High Court considered a petition challenging an order dated 26 February 2024 by the Zilla Parishad, Palghar, terminating the petitioner's contractor license (Class 5A) without granting any ...

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High Court Allows Appeal in Partition Suit Due to Non-Joinder of Necessary Party — Remands for Fresh Trial on Merits. The appellant's name in revenue record made him a necessary party; decree passed in his absence was patently illegal....

The appellant, a third party, filed an appeal against the judgment and decree in Regular Civil Appeal No.201 of 2015, which had affirmed the decree in Regular Civil Suit No.70 of 2009. The respondent ...