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Supreme Court Partly Allows Appeal in NDPS Act Case, Modifying Sentence on Double Punishment Grounds. Separate sentences for offences under Sections 20 and 25/29 from same transaction held impermissible, and fine cannot be cumulative when sentences run concurrently under Section 53 IPC.

The appeal arose from a conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellant and a co-accused were intercepted dur...

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High Court of Karnataka Quashes NDPS Proceedings Against Petitioner for Lack of Evidence of Conscious Possession and Commercial Quantity. Court holds that mere presence in a vehicle with contraband does not constitute possession under Section 20(b)(ii)(A) of NDPS Act without proof of knowledge and control.

The petitioner, Mr. Kalam Narendra, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of...

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Bombay High Court Allows Petition in Criminal Writ Jurisdiction — Quashes FIR for Non-Disclosure of Cognizable Offence. Court holds that FIR must disclose all ingredients of alleged offence; mere registration of FIR without prima facie case is abuse of process of law.

The petitioner, Neelam Nitin Sampat, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Crimina...

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Bombay High Court Dismisses Writ Petition Seeking FIR Registration and Excavation of Hidden Gold in Temple Trust Dispute. Allegations of Mismanagement by Former Trustee Found to Be Civil in Nature and Motivated by Personal Grudge, Not Warranting Criminal Investigation.

The petitioner, Namdev Sahebrao Garad, a former trustee of Jagdamba Devi Sarvajanik Trust, filed a criminal writ petition seeking multiple reliefs inc...

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Bombay High Court Dismisses Municipal Council's Appeal Against Decree in Terms of Arbitral Award in Octroi Collection Dispute. Court Holds That Objections Under Section 30 of Arbitration Act, 1940 Cannot Be Raised After Award Is Made Rule of Court.

The appellant, Ambernath Municipal Council, a body corporate under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, ...

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Bombay High Court Allows Appeal Against Dismissal of Interim Injunction in Share Dispute Case. Court Restrains Transfer of Shares Allegedly Misappropriated Pending Suit, Holding That a Prima Facie Case of Fraud and Breach of Trust Was Made Out.

The appellant, Pushpanjali Tie Up Pvt. Ltd., filed a suit alleging that respondent No.1, Renudevi Choudhary, and respondent No.2, Ekta Choudhary (her ...

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Bombay High Court Recalls Sanction of Demerger Scheme Due to Non-Compliance with Stamp Duty Condition. The court held that failure to pay stamp duty on the order within the prescribed period renders the order liable to be recalled under inherent powers.

The applicants, Unique Delta Force Security Private Ltd. (Resulting Company) and Sumeet Facilities Pvt. Ltd. (Demerged Company), filed applications se...

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Bombay High Court Upholds Environmental Protection in Public Interest Litigation Regarding Construction on Agricultural Land. Court Directs Demolition of Unauthorized Structures and Restoration of Land to Original Condition Under Maharashtra Agricultural Universities Act, 1983 and Environmental Laws.

The Bombay High Court, Nagpur Bench, disposed of a Public Interest Litigation (PIL No. 34/2010) initiated suo motu by the court and a connected Writ P...