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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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Supreme Court Dismisses Perjury Application Against Petitioner in Rent Control Jurisdiction Dispute. Handwritten Interpolations in Balance Sheet Were Present in Trial Court Records, No Prima Facie Case of Forgery Established Under Section 340 CrPC.

The Supreme Court dismissed an application under Section 340 read with Section 195(1)(b) of the Criminal Procedure Code, 1973, seeking criminal procee...

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Bombay High Court Dismisses Petitions Challenging Air India Disinvestment and Transfer of Employees. Transfer of undertaking under Section 25FF of the Industrial Disputes Act, 1947 does not require consent of workmen and continuity of service is protected.

The petitioners, three trade unions representing employees of Air India and its subsidiaries, filed writ petitions challenging the disinvestment of Ai...

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Bombay High Court Dismisses BPCL's Second Appeal in Eviction Suit Based on Lease Expiry. Court holds that under Section 111(a) of Transfer of Property Act, 1882, a lease determined by efflux of time does not require notice to quit, and the Burmah Shell Acquisition Act does not create a statutory tenancy.

The case involves a second appeal filed by Bharat Petroleum Corporation Ltd. (BPCL) against a decree of eviction passed by the trial court and confirm...

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Bombay High Court Dismisses Revenue's Writ Petition in Customs Smuggling Case — CEGAT Order Upheld for Lack of Evidence. Confiscation of Foreign Currency Set Aside as Revenue Failed to Prove Smuggling or Fraudulent Procurement of Currency Declaration Form Under Customs Act, 1962.

The Union of India, through the Commissioner of Customs (Preventive), Mumbai, filed a writ petition under Articles 226 and 227 of the Constitution of ...

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Bombay High Court Clarifies Magistrate's Power to Grant Bail in Sessions Triable Cases Under Section 437 CrPC. The court held that a Judicial Magistrate can grant bail in offences exclusively triable by the Sessions Court, subject to the limitations under the proviso to Section 437(1) CrPC.

The petitioner, Sanjay Narhar Malshe, filed a Criminal Writ Petition before the Bombay High Court challenging an FIR registered against him. However, ...