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Bombay High Court Directs State to Withdraw POTA Prosecution Following Review Committee's Finding of No Prima Facie Case. The Court holds that direction under Section 2(3)(a) of Prevention of Terrorism (Repeal) Act, 2004 is binding and results in automatic deemed withdrawal, overriding Section 321 CrPC.

The case involved two accused, Mohd. Rizwan and Mohd. Hassan, who were being tried under the Prevention of Terrorism Act, 2002 (POTA) along with other...

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Bombay High Court Hears Appeal Challenging Rejection of Discharge in MCOCA Case. Appeal Raises Issues on Requirement of Pecuniary Benefit and Validity of Approval and Sanction under MCOCA, 1999.

The matter arises from Criminal Appeal No. 930 of 2009 filed before the Bombay High Court under Section 12 of the Maharashtra Control of Organized Cri...

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Bombay High Court Hears Appeal Against Dismissal of Notice of Motion in MOFA-MMRDA Dispute. Flat Purchasers Claimed MOFA Rights on Land Owned by MMRDA and Leased to Developer, Which Respondents Disputed as Excluded Under MMRDA Act.

This appeal before the Bombay High Court arose from the dismissal of a Notice of Motion by a learned Single Judge in a suit concerning a plot of land ...

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Supreme Court Allows AERA's Appeal Against TDSAT Orders Under Section 31 of AERA Act — Tariff Determination Held to Be Regulatory, Not Adjudicatory, Function. Regulatory Authority Can Challenge Appellate Tribunal's Decisions on Questions of Law.

The Supreme Court of India addressed a preliminary objection regarding the maintainability of appeals filed by the Airports Economic Regulatory Author...

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Supreme Court Allows Appeal in Property Dispute — High Court Erred in Reversing First Appellate Court's Refusal of Possession Without Framing Substantial Question of Law. Second Appeal Under Section 100 CPC Cannot Be Entertained Without Formulating a Substantial Question of Law.

The case involves a property dispute between Nazir Mohamed (appellant) and J. Kamala (respondent) over a building and premises in Aduthurai, Tamil Nad...

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Bombay High Court Dismisses Contempt Petition Against Shareholders for Alleged Scandalous Allegations in Legal Proceedings. Filing of false cases does not constitute criminal contempt unless it scandalizes the court or impedes administration of justice under Section 2(c) of Contempt of Courts Act, 1971.

The petitioner, Housing Development Finance Corporation Limited (HDFC), filed a contempt petition against respondent shareholders Sureshchandra V. Par...

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Bombay High Court Allows Writ Petitions Against Industrial Court Order in Unfair Labour Practice Case — Limitation Period for Filing Complaint Under MRTU & PULP Act, 1971 Is Not Barred by Delay When Cause of Action Is Continuing.

The judgment involves two writ petitions arising from an order of the Industrial Court, Aurangabad, in Revision ULP No.70/2015. The petitioner in WP 1...