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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 Notice. Failure to Inform Appellant of Right to Search Before Magistrate or Gazetted Officer Renders Recovery of Contraband Illegal and Conviction Unsustainable.

The appellant, Ms. Naomi Banda, a Zambian national, was convicted by a Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

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Bombay High Court Dismisses Petition Challenging MHADA's Surplus Area Demand in Redevelopment — Condition 22 of NOC Valid Under MHAD Act. Petitioners' Challenge to Communication Dated 6 July 2007 and Appellate Order Rejected.

The petitioners, owners of a property admeasuring about 546 sq. mtrs. in Mumbai, sought redevelopment and obtained a No Objection Certificate (NOC) fr...

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Bombay High Court Quashes Caste Certificate Validation Due to Lack of Proper Enquiry. Scrutiny Committee's Order Set Aside for Non-Compliance with Mandatory Procedure Under Goa Caste Certificate Rules, 2011.

The petitioner, Zacarias Mendes, challenged the order dated 18.03.2014 of the Scrutiny Committee of Caste Certificates, Government of Goa, which valid...

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Bombay High Court Upholds Termination of Scientific Officer for Unauthorised Absence and Misconduct — Petitioner Failed to Justify Absence Despite Repeated Opportunities. The court held that the termination was proportionate and that the principles of natural justice were complied with.

The petitioner, Mr. Sahivanagouda H. Patil, was a Scientific Officer at Bhabha Atomic Research Centre (BARC) who had developed high-yielding groundnut...

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High Court of Bombay Upholds Reinstatement of Bank Employee in Disciplinary Matter — Full Back Wages Awarded for Flawed Inquiry. Syndicate Bank's Dismissal of Clerk for Alleged Misconduct Set Aside as Inquiry Was Vitiated by Bias and Non-Supply of Documents.

The petitioner, Syndicate Bank, a nationalised bank, challenged the Part-I Award dated 28.5.2003 and Part-II Award dated 7.9.2010 passed by the Centra...

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Bombay High Court Quashes Charges Against Advocate in Forgery Case Due to Lack of Prima Facie Evidence — Sections 420, 467, 468, 471 IPC Not Attracted as No Specific Allegation of Dishonest Inducement or Forgery Against Applicant.

The applicant, Mohan Premnath Kothimbire, an advocate practicing in Additional Sessions Court, Omerga, was arrayed as accused No.7 in R.C.C. No.11/200...

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Bombay High Court Allows Second Appeal in Adoption Dispute — Invalidates Adoption for Non-Compliance with Hindu Adoption and Maintenance Act, 1956. Adoption of a married person above 15 years and age gap less than 21 years violates Sections 10 and 11 of the Act.

The appellant, Hanmant Laxman Salunke (since deceased, represented by his heirs), filed a second appeal challenging the concurrent findings of the tri...

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Bombay High Court Allows Summons for Judgment in Favour of Confirming Bank in Letter of Credit Dispute. Confirming Bank's Right to Recover from Issuing Bank Upheld Despite Allegations of Fraud in Underlying Transaction.

The plaintiff, UBS AG, a foreign bank, filed three summary suits against three Indian banks (State Bank of Patiala, Federal Bank Ltd, and United Weste...

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Bombay High Court Upholds Eviction Order in Leave and Licence Case Under Section 13-A(2) of Bombay Rent Act. Licensee Holding Over After Expiry of Licence Period Is Not a Tenant and Competent Authority Has Jurisdiction to Order Eviction.

The case involves a Civil Revision Application filed by Mrs. Poonam V. Matta (the petitioner) against an eviction order passed by the Competent Author...