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Bombay High Court Allows Transfer of Prisoners from Open Prison to Central Jail in Maharashtra Prison Rules Case. Prisoners' Representations for Transfer on Medical and Family Grounds Must Be Considered by Authorities Within Four Weeks.

The judgment concerns four criminal writ petitions filed by prisoners (Sayyad Ali, Abbas Ali, Habbirrao Khamkar, and Santosh Pawar) who were sentenced...

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Bombay High Court Quashes Transfer Order in Negotiable Instruments Act Case for Violation of Natural Justice. Transfer of complaint cases under Section 138 of the Negotiable Instruments Act, 1881 without notice to complainants held illegal.

The petitioner, Mohammed Arshad Iqbal Abdul Rashid, was the complainant in S.C.C. No.3630 of 2012 filed before the Judicial Magistrate First Class, Au...

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Bombay High Court Quashes BMC Eviction Order Against Employee for Non-Compliance with Natural Justice. Writ of Certiorari Granted as Show-Cause Notice Lacked Specific Allegations and Opportunity of Hearing Was Denied.

The petitioner, Sangita Santosh Chavan, an employee of the Brihanmumbai Municipal Corporation (BMC), challenged an eviction order passed by the Assist...

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High Court Hears Appeal and Cross-Objections Against Dismissal of Declaration Suit. Suit Filed by Brother of Deceased Religious Head for Declaration of Ownership of Property Allotted in 1952, Dismissed by Trial Court.

This Regular First Appeal and cross-objections arise from the judgment and decree dated 9 September 2005 passed by the Principal City Civil and Sessio...

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Madras High Court Quashes Transfer Order of School Education Superintendent Citing Violation of Natural Justice. Transfer Order Based on Baseless Complaints Without Hearing Ruled Illegal Under Article 226 of Constitution.

The case concerns a writ petition under Article 226 of the Constitution filed by Neel anarayanan, a Superintendent in the School Education Department,...

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Bombay High Court Quashes Demand Notice for Transfer Fees in Liquor License Shifting. Held that privilege fees not payable where shifting was compelled by Supreme Court directions and later rendered unnecessary by clarificatory order, and no actual transfer occurred.

The petitioner, holding a liquor license for a shop in Pune Municipal Corporation, was affected by the Supreme Court's order in State of Tamil Nadu v....

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Supreme Court Upholds Preferential Right of Heir Under Section 22 of Hindu Succession Act in Agricultural Land Dispute. Section 22 Applies to Agricultural Land as Succession is a Concurrent Subject and Section 4(2) Omission Confirms Uniform Application.

The appeal arose from a dispute between two brothers, Santokh Singh and Nathu Ram, who inherited agricultural land from their father. An arrangement f...

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Bombay High Court Quashes Premature Transfer of Deputy Engineer in Maharashtra Jeevan Pradhikaran — Transfer Order Issued Within Three-Year Deputation Period Without Justification Violates Service Conditions. Deputation Period Cannot Be Curtailed Arbitrarily; Transfer Order Dated 15.6.2009 Set Aside.

The petitioner, Kishor s/o Mallayya Sandry, was working as Deputy Engineer at Maharashtra Jeevan Pradhikaran Division, Aurangabad (respondent no.2). B...

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Bombay High Court Dismisses Bail Application of Accused in UAPA Case on Grounds of Parity and Merits. Parity with co-accused granted bail is not a valid ground when the applicant's role is distinct and the first bail application was rejected on merits.

The applicant, Dr. Gokarakonda Naga Saibaba, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking bail i...