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Bombay High Court Quashes Externment Order for Non-Compliance with Section 59 of Bombay Police Act, 1951 — Failure to Supply Documents and Provide Sufficient Time for Representation Violates Natural Justice.

The petitioner, Mahavir Saremal Jain, filed a criminal writ petition under Article 226 of the Constitution of India before the Bombay High Court chall...

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Gujarat High Court Upholds Conviction of Accused in Factional Riot Murder Case — Acquittals Set Aside. Common Intention Under Section 149 IPC Applied to Convict All Members of Unlawful Assembly for Murder and Attempt to Murder.

The case arises from a violent incident on 13.06.2014 at Nava Borbhatha, Ankleshwar, where a group of accused persons, armed with deadly weapons, atta...

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Bombay High Court at Goa Quashes Criminal Proceedings Against Public Servant for Lack of Sanction Under Section 197 CrPC. Petitioner, a Conductor of Kadamba Transport Corporation, Was Prosecuted Under Section 409 IPC for Alleged Misappropriation of Fare Without Prior Sanction from Competent Authority.

The petitioner, Shri Babruwan Kinalkar, a conductor employed by the Kadamba Transport Corporation Limited (respondent no.2), filed a Criminal Writ Pet...

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Bombay High Court at Goa Quashes Criminal Proceedings Against Public Servant in Section 409 IPC Case for Want of Sanction Under Section 197 CrPC. The Court Held That the Petitioner's Acts of Collecting Fares and Issuing Tickets Were in Discharge of Official Duty, Making Sanction Mandatory.

The petitioner, Shri Babruwan Kinalkar, was a driver employed by the Kadamba Transport Corporation Limited (respondent no.2), a State Transport Undert...

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Bombay High Court Dismisses Husband's Petition to Stay Nullity Proceedings in Family Court — Stay of Civil Proceedings Not Automatic Despite Pending Criminal Case. The court held that mere embarrassment is not sufficient to stay civil proceedings; the petitioner must show serious prejudice.

The petitioner-husband filed a writ petition challenging the order of the Family Court, Pune dated 4 June 2016, which rejected his application under S...

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High Court of Karnataka Allows Writ Petition for Condonation of Delay in Investment Under Section 54EC of Income Tax Act, 1961 — CBDT's Rejection Set Aside. The CBDT's power under Section 119(2)(b) is not circumscribed by any time limit and must be exercised liberally to avoid hardship.

The petitioner, Dr. Sujatha Ramesh, sold an immovable property during the Assessment Year 2013-14 and realized long-term capital gains. To claim exemp...

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Bombay High Court Reviews Consent Order in Commercial Execution Application Arising from Arbitration Award; State Challenges Consent Terms Signed During President's Rule Under Article 356 of the Constitution

The dispute arose from a contract awarded on 6 July 2012 by the State of Maharashtra through its Public Works Department to Manaj Tollway Private Limi...

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Supreme Court Enforces Mediation Settlement in Matrimonial Transfer Petition Despite Wife's Resiling. Wife's Recalcitrant Conduct After Accepting Benefits and Husband's Withdrawal of Case Leads to Direction for Mutual Consent Divorce Under Section 13-B Hindu Marriage Act, 1955.

The case arose from a transfer petition filed by the wife seeking transfer of a matrimonial case under Section 9 of the Hindu Marriage Act, 1955 from ...

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Bombay High Court Allows Quashing of FIR in Dowry Harassment Case Due to Compromise Between Husband and Wife. Matrimonial Dispute Settled, Continuation of Criminal Proceedings Held to Be Abuse of Process of Court Under Section 482 CrPC.

The applicants, who are the husband, father-in-law and mother-in-law of respondent no. 2 (the informant), filed a criminal application under Section 4...