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Bombay High Court Quashes Preventive Detention Order for Failure to Consider Bail Orders. Non-consideration of bail in pending criminal cases under Maharashtra Prohibition Act, 1949 vitiates subjective satisfaction under Section 3 of Maharashtra Prevention of Dangerous Activities Act, 1981.

The petitioner, Elizabeth Ranibhai Prabhudas Gaikwad, challenged the preventive detention orders passed by the State of Maharashtra and the Collector ...

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Bombay High Court Quashes Clarification in Direct Tax Vivad se Vishwas Act, 2020 — Circular No.21/2020 Held Ultra Vires. The clarification requiring withdrawal of appeal as a condition for filing declaration under the Act was struck down as arbitrary and violative of Article 14.

The petitioner, Macrotech Developers Limited, a public limited company engaged in real estate, filed a writ petition under Article 226 challenging a c...

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Bombay High Court Allows Daughter's Petition to Quash DV Act Proceedings Initiated by Mother. No Allegations of Domestic Violence Made Against Daughter, Only That She Supported Father.

The petitioner, Vanisha Vincent Rodrigues, a 23-year-old daughter, filed a writ petition before the Bombay High Court seeking quashing of proceedings ...

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Bombay High Court Dismisses Petition Challenging Adjournment of Zilla Parishad President Election Meeting. Returning Officer's Discretion to Adjourn Due to Disruption Upheld Under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.

The petitioner, Devyani Dongaonkar, was a candidate for the post of President of Zilla Parishad, Aurangabad. The State Government published an electio...

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Bombay High Court Quashes Penalty Orders in Maize Import License Dispute — Actual User Condition Not Violated. Petitioner Trading House Allowed to Import Maize Through Canalizing Agency Without Being Actual User Under Foreign Trade Policy.

The petitioner, Shah Nanji Nagsi Exports Pvt. Ltd., a trading house incorporated in 1919 and engaged in export of rice, oil seed, food grains and puls...

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Bombay High Court Quashes Provisional Attachment Order in PMLA Case for Lack of Scheduled Offence. Attachment of properties under Section 5(1) of Prevention of Money Laundering Act, 2002 set aside as predicate offence was not a scheduled offence under PMLA.

The petitioners, Sunlight Housing Development Pvt. Ltd., Mukesh Doshi, Kaushal Doshi, and Mack Star Marketing Pvt. Ltd., filed writ petitions challeng...

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Bombay High Court Allows Amendment of Plaint in Property Suit Under Order 6 Rule 17 CPC — No Prejudice to Defendants as Trial Not Commenced. Amendment sought to convert suit from injunction to partition is permissible when no evidence has been led and no vested right is affected.

The petitioners, original defendants in Regular Civil Suit No.60 of 1988, challenged the order of the Ad-hoc District Judge-8, Pune dated 10/01/2020, ...