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High Court of Bombay at Goa Acquits Accused in NDPS Case for Non-Compliance with Section 50. Search of Shoulder Bag Held to Be Personal Search Requiring Mandatory Notice of Right to Be Searched Before Gazetted Officer or Magistrate.

The appellant, Kushal Puri, was convicted by the learned Sessions Judge, Goa, in NDPS Case No.40/2015 for possession of 1.216 kg of charas, a commerci...

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Supreme Court Allows Appeal in TADA Case Due to Non-Compliance of Section 20A(1) — Prior Approval of DSP Mandatory. The Court held that recording of information under TADA without prior approval of the District Superintendent of Police vitiates the entire proceedings, and the defect is not curable.

The appeal arose from an order of the Designated TADA Court dismissing the appellants' application for discharge on the ground of non-compliance with ...

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Supreme Court Upholds Conviction in Food Adulteration Case Despite Procedural Lapses. Substantial Compliance of Section 13(2) of Prevention of Food Adulteration Act, 1954 Sufficient When No Prejudice Caused.

The appellant Vijendra was convicted under Section 7(1)/16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 for selling adulterated buffalo m...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance of Section 50 — Search of Bag Not Covered Under Mandatory Procedure. The court held that Section 50 of the NDPS Act applies only to personal search, not to search of a bag, and thus the conviction was set aside.

The appellants, Rehanabi Sheikh Atiq and Sheikh Sohel Sheikh Atiq, were convicted by the Additional Sessions Judge, Wardha in Special (NDPS) Case 2/20...

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Bombay High Court Dismisses State Appeal Against Acquittal in Food Adulteration Case Due to Non-Compliance with Rule 14 and Section 13(2) of PFA Act. Benefit of Doubt Upheld as Prosecution Failed to Prove Proper Stirring of Oil Sample and Timely Intimation of Right to Get Sample Analyzed.

The State of Maharashtra filed an appeal under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment dated 27-11-2002 in Regular Cr...

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Full Bench of the Bombay High Court Considers Reference on Interpretation of Clauses 96 and 97 of MCGM General Conditions of Contract. The Court Examines Whether Compliance with Clause 96 is a Precondition for Invoking Arbitration under Clause 97.

The appeal arose from an arbitration petition concerning a contractual dispute between a contractor and the Municipal Corporation of Greater Mumbai (M...

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Bombay High Court Dismisses Writ Petitions Challenging Draft Development Plan and Extension Under Maharashtra Regional and Town Planning Act, 1966. General Body Resolution Modifying Draft Plan Upheld as Legislative Function; Ex Post Facto Extension Held Permissible.

This judgment arose from writ petitions filed before the Aurangabad Bench of the Bombay High Court challenging the notification dated 4 February 2016 ...

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Bombay High Court Allows Petition of Zilla Parishad Member Challenging Election Disqualification on Age Grounds. School Register Entry Not Conclusive Proof of Age Under Section 16 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.

The petitioner, Sou. Manisha Sanjay Waskar, was a member of the Zilla Parishad, Kolhapur, elected from Panchgaon constituency. Respondent No.1, Anil @...

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Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim exclusive possession of joint family property without partition and that a suit for possession without seeking partition is not maintainable.

The case involves two second appeals arising from a civil suit for possession filed by the original plaintiffs (now appellants) against the defendants...