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Bombay High Court Grants Bail to Police Officer in MCOCA Case for Lack of Sanction and Prima Facie Evidence of Organised Crime. The court held that the absence of valid sanction under Section 23(2) of MCOCA and failure to establish a prima facie case of organised crime entitled the applicant to bail.

The applicant, Anil Murlidhar Deshmukh, a police officer, was arrested on 8th October 2004 in connection with a case registered under various sections...

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Bombay High Court Dismisses Landlord's Petition Challenging Tenant's Purchase Rights Under Bombay Tenancy Act — Landlord's Failure to Cultivate Land Within One Year of Purchase Triggers Tenant's Right to Purchase Under Section 84 of Bombay Tenancy and Agricultural Lands Act, 1948.

The case involves a dispute under the Bombay Tenancy and Agricultural Lands Act, 1948, regarding agricultural land in Survey No. 341, admeasuring 15 a...

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Bombay High Court Quashes Deemed Conveyance Order in MOFA Case — Incomplete Development and Rights of Other Flat Owners Ignored. Unilateral Conveyance of Entire Land to One Society Held Invalid When Other Buildings Remain Unfinished and Governed by Different Enactment.

The petitioners, Marathon Next Gen Realty Limited and Marathon Realty Private Limited, are the owners and developers of a large parcel of land admeasu...

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Bombay High Court Quashes FIR Against Private Individuals in Corruption Case for Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. FIR Quashed as No Sanction Obtained for Prosecution of Public Servants, Making Proceedings Against Applicants for Conspiracy Not Maintainable.

The applicants, Ravindra Babulal Jain and Ashish Tejmal Mugdiya, filed a criminal application under Section 482 of the Code of Criminal Procedure, 197...

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High Court Dismisses Writ Petition in Criminal Matter Due to Availability of Alternate Remedy. Order Rejecting Application Under Section 156(3) of Criminal Procedure Code is Final and Revisable Under Section 397, Making Writ Petition Under Article 226 Read with Section 482 Not Maintainable.

The dispute originated from Kotak Mahindra Bank Ltd. (the petitioner) filing an application under Section 156(3) of the Criminal Procedure Code before...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Amendment Application in Partition Suit. Amendment Sought After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC Due to Lack of Due Diligence.

The petitioners, Hemlata Harish Bhatia and Bharat Vallabhdas Bhatia, filed a suit for partition in 2004 against the respondents, Vallabhdas Lalchand D...

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Bombay High Court at Goa Disposes of Appeals and Revision in Kidnapping and Murder Case. Conviction under Sections 364-A, 302, 201, 120-B of IPC and Section 8 of Goa Children's Act, 2003, was Challenged by Accused, and State Appealed Against Set-Off under Section 428 CrPC.

The High Court of Bombay at Goa heard together five criminal appeals and one criminal revision application arising from the judgment and order dated 2...