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Bombay High Court Confirmation Case and Criminal Appeal in Death Sentence Matter — Dying Declarations and Circumstantial Evidence Discussed.

The matter involved confirmation of death sentence under Section 368 of the Code of Criminal Procedure, 1973 and a criminal appeal against conviction ...

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Supreme Court Examines Karta's Power to Alienate HUF Property for Legal Necessity in Civil Appeal Against High Court's Decree of Partition. Legal Necessity Includes Marriage Expenses of Daughters; Alienation for Value Binds Coparceners if Necessity Proved.

The dispute pertained to alienation of joint Hindu family property by its Karta. Plaintiff, one of the sons of the Karta, challenged a sale deed execu...

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Bombay High Court at Goa Allows Writ Petition of Minor Child Seeking Passport Renewal — Citizenship by Birth Not Lost Due to Mother's Foreign Nationality. Passport Cannot Be Denied to Indian Citizen on Ground of Single Parent Being Foreign National Under Passports Act, 1967.

The petitioner, a minor girl aged about 16 years, was born on 27.10.2007 in Margao, Goa, India, to Indian parents. Her parents married in Goa in 2007....

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Bombay High Court Dismisses Petition Challenging Demolition of Unauthorised Construction in Red Zone — Deemed Sanction Under Section 238(6) of Cantonments Act, 2006 Not Available Where Initial Construction Was Illegal and Application Was Not Validly Pursued.

The petitioner, Lekha Ali Shaikh, owned a plot of land in Dehu Road Cantonment, Pune. In 2009, she constructed a 750 sq.ft structure without obtaining...

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Bombay High Court Quashes Confiscation of Souza and Padamsee Artworks as Obscene — Customs Officer's Personal Opinion Insufficient to Brand Art as Obscene Under Section 11 Customs Act, 1962. Artistic merit and community standards must be considered before declaring artworks obscene.

The petitioner, M/s. B. K. Polimex India Private Limited, imported seven artworks by world-renowned artists F.N. Souza and Akbar Padamsee from London ...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...