Bombay High Court

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Bombay High Court Allows Second Appeal in Property Suit Due to Procedural Irregularity — Trial Court Failed to Issue Notice to Party After Lawyer's Discharge. Substantial Question of Law Arises Under Section 100 CPC When Court Proceeds Ex Parte Without Ensuring Party's Knowledge of Proceedings....

The case involves a second appeal arising from a civil suit where the original defendant (now deceased, represented by legal heirs) was the appellant. The suit was for partition and separate possessio...

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High Court of Judicature at Bombay (Aurangabad Bench) Reviews Confirmation of Death Sentence and Appeal Against Conviction in POCSO and IPC Case of Kidnap, Rape and Murder of Minor. Trial Court Found Accused Guilty Under Sections 302, 363, 376(A), 376(2)(j)(m), 376-AB, 377 IPC and Sections 4, 6, 8, 10, 12 POCSO Act, Sentencing Him to Death on Rarest of Rare Doctrine....

The proceedings arose from a criminal confirmation case and connected criminal appeal before the Bombay High Court, Aurangabad Bench. The State sought confirmation of the death sentence awarded by the...

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High Court of Bombay at Goa Dismisses Petitions Challenging Environmental Clearance Condition for Iron Ore Handling at Mormugao Port. Condition requiring prior environmental clearance for handling of iron ore at berths is valid under Environment Impact Assessment Notification, 2006 and Water (Prevention and Control of Pollution) Act, 1974....

The judgment concerns three writ petitions filed by companies and shareholders involved in iron ore handling at Mormugao Port, Goa, challenging a condition imposed by the Goa State Pollution Control B...

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High Court of Bombay at Goa Acquits Accused in NDPS Case Due to Non-Compliance of Section 50 and Doubtful Chain of Custody. LSD Recovery Allegation Fails as Prosecution Could Not Establish That the Seized Substance Was the Same as That Tested by the Chemical Analyser....

The appellant, Roque @ Rocky Fernandes, was convicted by the Additional Sessions Judge, North Goa, Mapusa in Special Criminal Case No.22/2015 for offences under Section 8(c) and Section 22(c) of the N...

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High Court of Bombay at Goa Dismisses Petitions Challenging Environmental Clearance Conditions for Iron Ore Handling at Mormugao Port. Court upholds requirement of prior environmental clearance for storage and handling of iron ore at port premises under the Environment Impact Assessment Notification, 2006....

The judgment pertains to three writ petitions filed by companies involved in iron ore handling at Mormugao Port, Goa, challenging the requirement of prior environmental clearance for storage and handl...

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Bombay High Court Examines Maintainability of Appeal Filed Beyond 90 Days Under NIA Act; Condonation of Delay at Issue. Application for Condonation of 838 Days Delay in Appeal Against Rejection of Bail Under Unlawful Activities Prevention Act Opposed by NIA Citing Outer Limit in Section 21(5) Second Proviso....

The matter concerned an interim application seeking condonation of 838 days delay in filing an appeal under Section 21 of the National Investigation Agency Act, 2008. The applicant, Faizal Hasamali Mi...

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Bombay High Court Adjudicates Habeas Corpus Petition by Father of Minor Child for Custody and Return to USA; Maintainability of Habeas Corpus and Compliance with Foreign Court Order Considered After Remand by Supreme Court...

The case involves a habeas corpus petition filed by the father of a minor child, Aaryan, seeking production and custody from the mother. The father, an Indian citizen and permanent US resident, marrie...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Unpaid Invoices. Arbitration Clause in Purchase Orders Held Binding Despite Absence of Signed Agreement Under Section 7 of Arbitration and Conciliation Act, 1996....

The applicant, Parekh Plastichem Distributors LLP, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to resolve disputes with th...

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Bombay High Court Allows Student's Petition Challenging Scrutiny Committee Order Invalidating ST Certificate — Validity Certificates of Blood Relatives Cannot Be Suo Moto Reviewed Without Challenge....

The petitioner, Tejashree Mangilal Dambale, a student who completed a Diploma in Pharmacy and participated in the admission process for direct Second Year of the full-time Under Graduate Degree Course...

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Bombay High Court Allows Minor Student's Petition for Scheduled Tribe Certificate Validation. Oldest Entry of 1905 Showing 'Thakar' Community Prevails Over Contradictory Entries of 'Maratha'....

The petitioner, a minor student through her father, filed a writ petition challenging the rejection of her Scheduled Tribe certificate validation as 'Thakar' by the Scrutiny Committee. The petitioner ...