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Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 and Delay in Trial. Personal Search of Accused Conducted Without Informing Right to Search Before Gazetted Officer or Magistrate, Violating Mandatory Safeguard Under Section 50 of NDPS Act.

The applicant, Arshad Karar Khan, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular ba...

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Bombay High Court Upholds Conviction Under Section 304-II IPC for Culpable Homicide in Fatal Assault Over Theft of Oranges. Sentence of Accused No.1 Reduced from 10 Years to 7 Years Considering Lack of Premeditation.

The case arises from an incident on 30.10.1995 when the deceased Suhas, along with a 10-year-old boy Sanjay, was returning home on a bicycle. Near the...

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Bombay High Court Dismisses Petition Against Civil Suit for Medical Negligence Despite Prior Consumer Forum Dismissal. Principle of Res Judicata Not Applicable to Consumer Forum Decisions Under Section 9 of Consumer Protection Act, 1986.

The case involves a dispute over medical negligence leading to the death of a baby boy. The respondents (parents) initially filed a complaint before t...

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Bombay High Court Allows PIL Challenging Illegal Construction by Builder with Political Connections. Court Quashes Regularisation Orders and Directs Demolition of Unauthorised Structures in Old Goa.

The petitioner, an advocate, filed a Public Interest Litigation before the Bombay High Court at Goa challenging the construction of buildings by Respo...

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Bombay High Court Dismisses Judgment Debtor's Objection to Execution of Decree Based on Jurisdictional Challenge Under Section 39(4) CPC. Court Holds That Section 39(4) CPC Does Not Bar Execution by the Court That Passed the Decree When the Property Is Situated Outside Its Local Limits.

The present chamber summons arose out of a suit filed by ICICI Ltd, as Debenture Trustees, against Kothri Industrial Corporation Ltd and others for re...

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Bombay High Court Dismisses State's Appeal and Victim's Revision in Murder Case Due to Unreliable Evidence. Acquittal of Accused Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 302, 307, 324, 323, 147, 148, 149 of Indian Penal Code, 1860.

The State of Maharashtra filed an appeal against the judgment and order dated 5.9.1988 passed by the Additional Sessions Judge, Pune in Criminal Appea...

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Bombay High Court Dismisses Criminal Contempt Petition for Lack of Prima Facie Case. Allegations of Creating Third-Party Rights and Obtaining Consent Decree Without Disclosing Pending Proceedings Do Not Constitute Criminal Contempt Under Section 2(c) of the Contempt of Courts Act, 1971.

The case involves a criminal contempt petition filed by Dr. Ramesh D. Pandit and another (original plaintiffs) against Smt. Janabai and others (origin...

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Bombay High Court Dismisses Appeal by Qatar Airways Against Maintainability of Summary Suit for Recovery of Rs. 59.22 Lakhs. Foreign Company Not Entitled to Sovereign Immunity Under Section 86 CPC as It Is a Commercial Entity, Not a Foreign State.

The respondent, Shapoorji Pallonji & Co., filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 against the appellant, Qatar Ai...

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Bombay High Court Dismisses Appeals Against Arbitral Award in Partnership Dispute — Upholds Valuation Based on Book Value as Per Partnership Deed. Clause-11 of Partnership Deed Mandates Asset Valuation on Book Value Basis, Not Market Value, Under Section 48 of Indian Partnership Act, 1932.

The case involves two appeals filed by Dr. Vijaypat Singhania and others (Appeal No. 361 of 2010) and Dr. Gaur Hari Singhania and others (Appeal No. 5...

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Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in International Commercial Arbitration. Parties Impliedly Excluded Part I of Arbitration and Conciliation Act, 1996 by Agreeing to ICC Rules and Zambian Law.

The petitioner, Konkola Copper Mines (PLC), a company registered in Zambia, filed a petition under Section 9 of the Arbitration and Conciliation Act, ...