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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Construction on Municipal Land — Held That No Notice Under Section 53A of Transfer of Property Act Is Required for Unauthorized Occupants and That Encroachment on Public Land Cannot Be Regularized.

The judgment concerns two writ petitions filed by different groups of petitioners challenging the demolition of their constructions on land belonging ...

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Bombay High Court Acquits Appellant in Daughter's Murder Case Due to Insufficient Circumstantial Evidence. Conviction under Section 302 IPC for Strangulation Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Abbas Nawaj Shaikh, was convicted under Section 302 of the Indian Penal Code for the murder of his daughter Heena by strangulation. The...

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Bombay High Court Declares LIC Owner of Suit Property, Orders Removal of Unauthorized Construction by Defendants. Defendants' claim based on revenue stay order and adverse possession fails as LIC's title from 1948 conveyance and statutory vesting under Life Insurance Corporation Act, 1956 is established.

The Life Insurance Corporation of India (LIC) filed a suit seeking declaration of ownership, removal of construction, and possession of land in Eksar,...

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Madras High Court Allows Writ Petitions Seeking Compliance with BIFR Rehabilitation Scheme and Waiver of Pre-Deposit in Customs Dispute. BIFR Scheme Binding on Government Departments; Pre-Deposit Condition Quashed for Sick Industrial Company Under Section 35F of Central Excise Act, 1944.

The petitioner, SMS Lifesciences India Limited, filed two writ petitions. The first sought a mandamus directing respondents 1 to 3 (Director General o...

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Madras High Court Allows Writ Petitions Challenging Customs Duty Demand on Vessels Imported Prior to Notification. Condition No.82 of Notification 12/2012-Cus. Cannot Be Applied Retrospectively to Vessels Imported Before Its Effective Date.

The petitioner, The Great Eastern Shipping Company Ltd., imported two vessels, 'Jag Rishi' and 'Jag Rahul', prior to 17.03.2012. On 17.03.2012, the Ce...

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Madras High Court Allows Writ Petitions Seeking Compliance with BIFR Rehabilitation Scheme and Quashes Pre-deposit Order in Customs Dispute. Merger of Sick Company with Petitioner Under SICA Extinguishes Pre-deposit Liability, and Revenue Authorities Are Bound by the BIFR Scheme.

The petitioner, SMS Lifesciences India Limited, filed two writ petitions. The first sought a writ of mandamus directing respondents 1 to 3 (Director G...

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Bombay High Court Quashes FIR in Step-Mother's Complaint of Criminal Breach of Trust and Cheating Against Step-Son — Holds Nominee Designation Does Not Confer Beneficial Ownership, But Dispute is Purely Civil in Nature

The petitioner, Mukund Ashok Cairae, filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Proc...