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Bombay High Court Quashes Default Sentence in DV Act Maintenance Case — Sentencing Without Prior Notice Violates Natural Justice. Imprisonment for non-payment of interim maintenance under Section 125(3) CrPC read with Section 28 DV Act requires prior notice and opportunity of hearing before sentencing.

The petitioner, Vikram Ramesh Rughani, challenged an order dated 20 January 2024 passed by the Metropolitan Magistrate in C.C. No. 96/DV/2018, sentenc...

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Supreme Court Allows Banks' Appeals in RBI Fraud Classification Case Regarding Natural Justice Requirements. Court Holds No Absolute Right to Personal Hearing or Full Forensic Audit Report Disclosure Under RBI Master Directions Issued Under Section 35A Banking Regulation Act, 1949.

The dispute arose from the classification of loan accounts as 'fraud' by banks under the Reserve Bank of India's Master Directions. The appellant bank...

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Bombay High Court Allows Writ Petition Challenging Election Authority's Order Excluding Primary Milk Societies from Voters List for Federal Society Elections. Cut-off Date for Membership Eligibility Must Be Prospective and Not Retrospective Under Maharashtra Co-operative Societies Act, 1960.

The petitioners, two primary milk cooperative societies, were members of the respondent no.4 federal society (Pune Zillha Sahakari Dudh Utpadak Sangh ...

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Bombay High Court Dismisses Review Petition in Central Excise Appeal — No Power to Review Under Section 35G of Central Excise Act, 1944. Section 35L of the Act Bars Application of CPC Provisions on Review, Hence Review Petition Not Maintainable.

The petitioner, VIP Industries Ltd., filed a review petition before the Bombay High Court seeking review of an earlier order that dismissed its applic...

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Bombay High Court Examines Furlough Plea of POTA Convict and Prison Authorities' Rejection Under Amended Rules. Court Considers Whether Completion of 10-Year Sentence Under POTA Removes Disqualification Under Rule 4(13) of Maharashtra Prisons (Mumbai Furlough and Parole) Rules.

The petition before the Bombay High Court arose from the rejection of a furlough leave application filed on behalf of a convict, Farhan Abdul Malik Kh...

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Gujarat High Court Allows Pensionary Benefits to Daily Wager by Counting Entire Service from Initial Appointment. Daily Wage Service Counts as Qualifying Service for Pension Under Rule 3(8) of Gujarat Civil Services (Pension) Rules, 2002 When Followed by Regularization.

The petitioner, Bhathibhai Valambhai Baria, was initially appointed as a daily wager on 01.06.2002 by the respondents (State of Gujarat and its author...

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Bombay High Court Allows Writ Petitions Challenging Cancellation of Caste Certificates of Scheduled Tribe Employees. Held that Scrutiny Committee must provide opportunity of hearing and consider all relevant material before invalidating caste claims.

The judgment concerns multiple writ petitions filed by employees of the State of Maharashtra whose caste certificates (claiming Scheduled Tribe status...