Bombay High Court

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Bombay High Court Quashes Prior Approval for Detention Under Maharashtra Prevention of Dangerous Activities Act, 1981 — Failure to Consider Less Restrictive Measures. The Court held that the detaining authority must consider the possibility of taking less drastic action before ordering preventive detention, and failure to do so vitiates the detention order....

The petitioner, Ajgar Akhtar Khan, filed a writ petition under Article 226 of the Constitution of India challenging the grant of prior approval/order dated 20th December 2023 by the Commissioner of Po...

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Bombay High Court Quashes Charity Commissioner's Order Allowing Intervention in Trust's Section 36 Application. Right to be Heard Under Maharashtra Public Trust Act, 1951 Limited to Persons with Direct Interest in Trust Property....

The petitioner, Shree Khambhati Modh Vanik Samaj, is a public charitable trust registered under the Maharashtra Public Trust Act, 1950. It owns a property called 'Samaj Darshan' in Kandivali (W), Mumb...

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Bombay High Court Rules on Civil Court and Wakf Tribunal Jurisdiction over Wakf Property Disputes. Court Considers Maintainability of Civil Suit Without Declaration of Title and Effect of Pending Civil Proceedings on Tribunal's Jurisdiction Under Section 7(5) of Wakf Act, 1995....

The dispute involved an open plot in village Hisamabad (Ujed) between the Hindu community represented by Arya Samaj and the Muslim community represented by Marathwada Wakf Board. The plot was claimed ...

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Bombay High Court Upholds Impleadment of Property Owner in Suit Challenging Demolition Notice Under MRTP Act. Owner is Necessary Party as Tenant's Challenge to Notice Directly Affects Owner's Rights Over Property....

The petitioners, tenants of the ground floor of a property, filed Regular Civil Suit No.418 of 2023 challenging a notice dated 10/03/2023 issued by the Assistant Commissioner under Section 53(1) of th...

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Bombay High Court Allows Writ Petition Challenging Attachment Notice Against Bona Fide Purchaser of Flat from Borrower. Recovery Certificate Not Binding on Purchaser Who Paid Full Consideration Before Loan Availed....

The petitioner, Swati Mangesh Sawant, filed a writ petition challenging a notice dated 12 March 2021 issued by the Special Recovery Officer and a Recovery Certificate dated 10 February 2020 issued by ...

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Bombay High Court Dismisses PILs Challenging Ulhasnagar Development Plan, Upholds Statutory Process. Court holds that objections to draft development plan must be raised before the planning authority under MRTP Act, and belated challenges after final notification are not maintainable....

The judgment concerns two Public Interest Litigations (PILs) filed before the Bombay High Court challenging the development plan for Ulhasnagar city. The first PIL (PIL No. 6 of 2021) was filed by fiv...

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Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Appellant failed to establish that the loan of Rs.3,00,000 was legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881....

The appellant, Arti Rajesh Karangutkar, filed a criminal appeal against the acquittal of respondent No.1, Anna Rocky Fernandes, by the Metropolitan Magistrate, 50th Court, Vikroli, Mumbai, in C.C. No....

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Bombay High Court Grants Default Bail to Accused in NIA Case for Failure to File Chargesheet Within 90 Days. Section 21(4) of NIA Act, 2008 read with Section 167(2) CrPC mandates release on bail if investigation not completed within statutory period....

The appellant, Gautam P. Navlakha, was arrested on 14.04.2020 in connection with FIR No. RC 01/2020/NIA/Mum registered by the National Investigating Agency (NIA) under various sections of the Indian P...

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Bombay High Court Dismisses Writ Petition Challenging Mutation Entry in Revenue Records — Dispute Over Agricultural Land Inheritance and Partition. Court Held That Mutation Entries Do Not Confer Title and Remedy Lies Before Civil Court....

The petitioners, eleven individuals from the Jarande family, filed a writ petition before the Bombay High Court challenging a mutation entry (Entry No. 1234) made in the revenue records of agricultura...