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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay in Execution and Consideration of Representation. Delay of Over Five Months in Executing Detention Order and Three Months in Considering Representation Violates Article 22(5) of Constitution and Section 3(1) of COFEPOSA Act.

The petitioner, a friend of the detenu Mohd. Kunhi Kallattra, challenged a detention order dated 28.2.2002 issued by the Secretary (Preventive Detenti...

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Bombay High Court Dismisses Appeal in Suit for Declaration and Injunction — Failure to Prove Title and Possession. Court upholds dismissal of suit for declaration of ownership and injunction based on insufficient evidence of title and possession under the Specific Relief Act, 1963.

The appellants, Noorjahan and others, filed a suit for declaration of ownership and permanent injunction against the respondents in respect of a prope...

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Bombay High Court Dismisses Successive Habeas Corpus Petitions Challenging COFEPOSA Detention Orders on Grounds of Constructive Res Judicata. Fresh Grounds Must Be Raised in Earlier Petitions or Are Barred.

The judgment concerns two criminal writ petitions filed under Article 226 of the Constitution of India challenging orders of detention passed under Se...

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Bombay High Court Quashes Process Against Family Members in Cheque Theft and Forgery Case Due to Lack of Prima Facie Evidence. Only the Employee-Accused (Applicant No. 1) Faces Trial Under Sections 381, 468, 469, 471 read with 34 IPC.

The applicants, including Ashok Banarsi and his family members, challenged the order of the learned Additional Chief Judicial Magistrate, Nagpur, date...

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Bombay High Court Allows Writ Petition for Enhanced Compensation to Co-Owners in Land Acquisition Case. Court Directs Payment at Rs.20 per sq m for 1/4th Share Despite Non-Acceptance by Other Co-Owners.

The petitioners, co-owners of land in Village Sal, Bicholim Taluka, filed a writ petition seeking a direction to the respondents (Special Land Acquisi...