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Bombay High Court Dismisses Petition Challenging Withdrawal of Cooperative Dispute with Liberty to File Fresh Suit. Cooperative Appellate Court's Order Permitting Withdrawal with Liberty Upheld as No Prejudice Caused to Opposite Party.

The petitioners, Shree Champalal Kothari Trust and others, challenged a judgment of the Cooperative Appellate Court dated 1 October 2019, which confir...

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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 Reviews Remand Authority in Mumbai Slum Redevelopment Dispute. Key Decision on Appellate Powers and Arbitral Award Validity in Complex Multi-Party Case

The Supreme Court is addressing appeals concerning a High Court judgment on a slum redevelopment project in Mumbai. The case involves various parties,...

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Bombay High Court Dismisses Habeas Corpus Petitions Challenging Judicial Custody Beyond 15 Days Under Section 309(2) Cr.P.C. — Remand Orders Not Vitiated as Petitioners Failed to Show Prejudice or Illegality.

The petitioners, Harshad Dinanath Bari and Ravindra Vasudev Bari & Ors., were accused in Boisar police station C.R. No. I-267/2017 (MPID Case No. 2 of...

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Bombay High Court Allows Appeal Against Remand Order in Licence Fee Dispute — Trial Court Must Decide Suit on Merits Without Being Influenced by Observations in Remand Order. Appellate Court Exceeded Jurisdiction Under Order XLI Rules 23, 23-A, 25 CPC by Remanding Without Deciding Appeal on Merits.

The appellant (original plaintiff) filed Regular Civil Suit No.1900/2012 (Old Special Civil Suit No.535/2008) for mandatory injunction and recovery of...

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Bombay High Court Dismisses Habeas Corpus Petition of POTA Detenus Seeking Release on Ground of Unlawful Detention. Court holds that detention under POTA is valid and habeas corpus cannot be used to challenge conditions of detention or seek bail.

The petitioners, Saquib Abdul Hamid Nachan and others, filed a habeas corpus petition before the Bombay High Court seeking release from detention unde...