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Bombay High Court Dismisses Appeal Against Municipal Corporation's Action to Remove Unauthorized Vertical Extension in Notified Slum. Unauthorized Construction Cannot Be Protected Merely Because It Is Situated in a Slum Area.

The appellant, Mujibur Rehman Chaudhary, filed a civil suit in the City Civil Court at Bombay challenging a notice dated 31 December 2019 issued by th...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay of 5 Months. Failure to Comply with Section 3(3) Requirement of Forthwith Approval and Delay in Considering Representation Renders Detention Invalid.

The petitioner, Sachin Parshuram Mane, challenged an order of detention dated 30.06.2021 passed by the Commissioner of Police, Pune City under Section...

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Bombay High Court Quashes FIR Under Official Secrets Act for Taking Photo of Complaint at Police Station. Petitioner's act of photographing a complaint filed against him does not constitute spying or disclosing secret information under Section 3 of the Official Secrets Act, 1923.

The petitioner, Zishan Mukhtar Hussain Siddique, filed a criminal writ petition under Article 226 of the Constitution of India and Section 482 of the ...

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Bombay High Court Dismisses Mother's Custody Petition for Minor Daughters Rescued from Brothel Under PITA. Custody of rescued minor victims under Immoral Traffic (Prevention) Act, 1956 vests with Child Welfare Committee for rehabilitation, not with biological mother, to prevent re-exploitation.

The petitioner, Smt. Babita, mother of two minor daughters aged 15 and 16, filed a Criminal Writ Petition challenging orders of the Judicial Magistrat...

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Bombay High Court Upholds Externment Orders Under Maharashtra Police Act — Clarifies Conditions for Section 56(1)(a) and (b) and Requirement of Witness Fear. The court held that each clause has distinct requirements and the authority must apply mind to proportionality and natural justice.

The judgment concerns three criminal writ petitions challenging externment orders passed under Section 56(1)(a) and (b) of the Maharashtra Police Act,...

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Criminal Intent. Complaint under Section 338 IPC fails as essential ingredients of grievous hurt by rash or negligent act not established without expert evidence.

The petitioner, a practicing ophthalmologist, challenged the judgment of the Additional Sessions Judge, Pune, which upheld the Magistrate's order issu...