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Bombay High Court Allows Accused's Petition in NDPS Act Case — Default Bail Granted Under Section 167(2) CrPC. Right to default bail cannot be defeated by seeking police custody for Section 27 discovery after charge sheet period expires.

The petitioner, Swapnil Gaikwad, was arrested in connection with an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)....

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Bombay High Court Modifies Conviction in Robbery Case: Offence of Robbery Under Section 390 IPC Not Made Out as No Grievous Hurt Caused or Attempted. The court held that for theft to become robbery, the offender must cause or attempt to cause death or grievous hurt, and mere tying up does not suffice.

The appellant, Dudhnath @ Ajay Baburam Harijan, was convicted by the 1st Ad-hoc Assistant Sessions Judge, Bombay, for offences under Sections 394, 450...

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Bombay High Court Dismisses Petitions Challenging Demolition of Dilapidated Building Under MHADA and MCGM Regulations — Held That Occupiers Have No Right to Insist on Repair When Building is Unsafe.

The case involves two writ petitions filed by Grace Estate Development Venture and by residents of Ashish Building No. 21 CHS Ltd challenging the demo...

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Bombay High Court Dismisses Appeal by Occupier in Company Liquidation - Licence Created After Winding Up Petition is Void. Official Liquidator Entitled to Recover Possession from Trespasser Despite Deemed Tenancy Decree.

The appeal arises from an order of a Single Judge of the Bombay High Court in a company application filed by Respondent No.3 (original applicant) agai...

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Bombay High Court Allows Writ Petition Challenging SARFAESI Act Possession Notice — Bank Directed to Consider One-Time Settlement Offer. Failure to Consider OTS Proposal Before Taking Possession Violates Principles of Fairness and Natural Justice Under Section 13(2) of SARFAESI Act, 2002.

The petitioner, Surendra Nikose, had availed a housing loan from the State Bank of India (respondent). Due to financial difficulties, he defaulted on ...

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Bombay High Court Dismisses Insurance Company's Challenge to Stamp Duty Demand on Marine-cum-Erection Policies. Policies for construction of rigs classified as Sea Insurance under Article 47A(ii) of Indian Stamp Act, 1899.

The petitioners, Oriental Insurance Co. Ltd. and its Divisional Manager, challenged a demand for stamp duty on six insurance policies issued in favor ...

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CRIMINAL WRIT PETITION NO.1659 OF 2005

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