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Bombay High Court Dismisses Petition Challenging Conditional Leave to Defend in Commercial Summary Suit. Condition of Deposit of Rs. 18 Lakhs Upheld as Not Perverse or Arbitrary Under Order XXXVII of Code of Civil Procedure, 1908.

The Petitioner (Defendant in the suit) filed a Writ Petition under Article 227 of the Constitution of India challenging the order dated 05.07.2023 pas...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Public Order Impact — Single Criminal Case and In-Camera Statements Insufficient to Establish Detriment to Public Order.

The petitioner, Nilesh Sunil Pendulkar, challenged an order dated 06.10.2023 passed by the District Magistrate, Ahmednagar, under Section 3(1) of the ...

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Bombay High Court Quashes Detention Order Under MPD Act for Non-Application of Mind and Lack of Public Order Disturbance. Detenu's Preventive Detention as Dangerous Person Set Aside as In-Camera Statements Were Not Properly Considered and Bail/Notice Under Section 41-A CrPC Were Ignored.

The petitioner, Atahar Khan Amir Khan, a detenu, challenged the detention order dated 29.08.2022 passed by the Collector and District Magistrate, Akol...

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Bombay High Court Quashes Detention Order Under PITNDPS Act for Non-Communication of Grounds in Language Known to Detenu. Failure to Serve Grounds in English to South African National Who Does Not Know English Violates Article 22(5) of Constitution and Section 8 of PITNDPS Act.

The petitioner, Agisilaos Demetriades, a South African national, challenged an order of detention dated 21.09.2021 passed by Respondent No.2, the Join...

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Bombay High Court Quashes COFEPOSA Detention Order Due to Unexplained Delay. Preventive detention under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 set aside as live nexus between smuggling activity and detention order snapped by 10-month delay.

The petitioner, Farida Imram Chamundi, wife of the detenu, challenged a preventive detention order passed under the Conservation of Foreign Exchange a...

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Bombay High Court Quashes Preventive Detention Order in COFEPOSA Case for Non-Application of Mind. Detenu in judicial custody; detaining authority failed to consider less restrictive alternatives under ordinary law, rendering detention order invalid.

The petitioner, Mahesh V. Amesur, cousin of Jeetu Shankarlal Chhapru, filed a writ of habeas corpus under Article 226 of the Constitution challenging ...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Communication of Grounds. Detenu's Right to Make Effective Representation Violated as Documents Relied Upon Were Not Supplied.

The petitioner, Shabbirbhai Bookwala, father of the detenu Mustafa Sabbirbhai Bookwala, filed a habeas corpus petition under Article 226 of the Consti...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Consideration of Vital Documents. Failure to Consider Representations and Bail Order Renders Subjective Satisfaction Invalid.

The petitioner, Mohan Bhojania, challenged a detention order issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smugg...