Search Results for "Section 74(1)"

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Mechanical Recital of Grounds. Detenu's Right to Make Effective Representation Violated as Relevant Material Not Considered.

The petitioner, Rupesh Laxman Gaikwad, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers...

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Bombay High Court Acquits Convict in Murder Case Due to Unreliable Dying Declarations. Inconsistent dying declarations and lack of corroboration led to acquittal under Section 302 IPC.

The appellant, Baban Dadusrao Pakhare, was convicted by the Additional Sessions Judge, Jalna, for the murder of his wife Meerabai under Section 302 IP...

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Bombay High Court Quashes Detention Order Under PITNDPS Act for Non-Communication of Grounds in Language Known to Detenu. Failure to Serve Grounds in English to South African National Who Does Not Know English Violates Article 22(5) of Constitution and Section 8 of PITNDPS Act.

The petitioner, Agisilaos Demetriades, a South African national, challenged an order of detention dated 21.09.2021 passed by Respondent No.2, the Join...

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Supreme Court Quashes Criminal Proceedings Against Brother-in-Law and Mother-in-Law in Dowry Death Case Due to Absence of Specific Allegations. Vague and Omnibus Allegations Against Family Members of Husband Do Not Justify Taking Cognizance Under Sections 498-A, 304-B IPC and Dowry Prohibition Act.

The Supreme Court allowed the appeal filed by Mirza Iqbal @ Golu (brother-in-law) and Shamima Bano alias Sammi (mother-in-law) against the order of th...

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SUIT (L) NO. 204 OF 2017.

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Bombay High Court Allows Appeals Against Rejection of Plaint in Copyright and Trade Mark Infringement Suit - Cooperative Sugar Factory's Suit for Infringement of Label Design and Trade Mark 'Bhingari Santra' Held Not Barred by Limitation or Res Judicata.

The appellant, a cooperative sugar factory, filed two suits in the District Court seeking relief for infringement of its copyright and trade mark in t...

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Bombay High Court Upholds Minority Scholarship Schemes as Constitutional — Schemes for Minority Communities Do Not Violate Article 14 or 15(1) as They Are Based on Backwardness and Not Religion Alone.

The Bombay High Court disposed of two public interest litigations challenging the constitutional validity of two scholarship schemes for minority comm...

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Bombay High Court Allows Appeal Under Section 6 of Specific Relief Act for Possession Based on Prior Possession. The court held that the appellant had established prior possession and dispossession without consent, entitling her to a decree for possession under Section 6 of the Specific Relief Act, 1963.

The appellant, Cian De Souza, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking vacation and peaceful possession of Flat No.4, Ha...