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High Court Quashes FIR Under Section 295A IPC for Lack of Intent to Insult Religion — Alleged Offensive Article Published in Magazine Did Not Deliberately or Maliciously Intend to Outrage Religious Feelings.

The petitioner, Shivaji Sukhdeo Jaware, was the accused in Regular Criminal Case No. 105 of 2013 (originally RCC No. 361 of 2008) pending before the J...

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Bombay High Court Allows Video Game Parlour Licence Despite Parking Concerns, Emphasizes Reasonable Exercise of Police Powers Under Bombay Police Act, 1951. Commissioner's Refusal Based on Mere Apprehension Without Specific Evidence Held Arbitrary.

The petitioner, Jagdish N. Shetty, sole proprietor of M/s. Om Sai Video Game Parlour, applied for a licence under the Bombay Police Act, 1951 to opera...

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Bombay High Court Allows Appeal in Cooperative Society Dispute — Dispute Under Section 91 of MCS Act Maintainable Against Expulsion Under Section 35. Cooperative Court Has Jurisdiction to Decide Validity of Expulsion Resolution, Remedy Under Section 91 Not Barred by Section 35 Appeal.

The appellant, a member of the respondent housing society, filed a dispute under Section 91 of the Maharashtra Cooperative Societies Act, 1960 before ...

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Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Complainant Failed to Prove That Notice Was Sent to Correct Address of Accused, Leading to Dismissal of Complaint.

The case involves a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by M/s. General Detergents (the appellant/complainant) ...

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Bombay High Court Dismisses Revenue's Challenge to Settlement Commission Order in Bogus Purchases Case — No Jurisdictional Error Found. Settlement Commission's Discretion to Accept Additional Income Disclosure Under Section 245D of Income Tax Act, 1961 Upheld as Not Perverse or Unreasonable.

The Revenue (Commissioner of Income Tax, Pune) filed a writ petition under Article 226 of the Constitution challenging an order dated 21 September 201...

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Bombay High Court Allows Municipal Council's Petition Challenging Ex Parte Stay in Rent Revision Appeals — Pre-deposit Under Section 170 of Maharashtra Municipal Councils Act Mandatory Before Entertaining Appeals Against Rent Demands.

The Municipal Council, Achalpur filed a writ petition seeking to treat it as a representative petition for 74 appeals filed against it by occupiers/al...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Failure to Record Reasons for Belief and Inform Accused of Right to be Searched Before a Gazetted Officer or Magistrate Renders Conviction Unsustainable.

The appellant, Mohd. Akram Mohd. Majij Shaikh, was convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) by the Special ...

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Bombay High Court Dismisses Appeal by Forest Department, Upholds Compensation to Family of Murdered Forest Guard. Death of Forest Guard on patrol duty by unidentified assailants held to arise out of and in course of employment under Section 3 of Workmen's Compensation Act, 1923.

The case involves a First Appeal filed by the Conservator of Forests, Nagpur, challenging the judgment and award dated 24.5.2001 passed by the Commiss...