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Bombay High Court Dismisses Challenge to Construction in CRZ Area, Upholds NGT Order on Environmental Clearance Validity. Construction of hotel building in Colva, Goa, held not to violate CRZ Notification 1991 as it was within permissible floor space index and setback requirements.

The judgment concerns two writ petitions: Writ Petition No. 751 of 2008 filed by Theodore Fernandes and Goencarancho Vorixtte Awaz (an association) ag...

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Bombay High Court Allows Drivers' Petition for Time Bound Promotion Scheme Benefits. Government Resolution dated 17.5.2003 Quashed as Discriminatory Against Drivers in Zilla Parishads.

The petitioners, four drivers employed by Zilla Parishads in Gadchiroli, Amravati, and Chandrapur, filed a writ petition seeking quashing of Governmen...

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Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Act for Non-Application of Mind and Mechanical Exercise of Power. Detenu's Right to Make Representation Under Article 22(5) of Constitution Was Frustrated by Delayed Consideration and Failure to Supply Relevant Documents.

The petitioner, a friend of the detenu Mavin Keezhil Mohamed Aslam, filed a writ of habeas corpus under Article 226 of the Constitution challenging th...

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Bombay High Court Quashes Blacklisting of Contractor Without Hearing, Directs Reconsideration of Monetary Claims. Municipal Corporation's Decision to Blacklist Contractor Without Prior Notice Violates Principles of Natural Justice.

The petitioner, a registered municipal contractor, filed two writ petitions. In WP 569/2013, he challenged the decision dated 14.2.2013 and circular d...

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Bombay High Court Quashes Preventive Detention Orders in Red Sanders Smuggling Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(1) of COFEPOSA set aside as detaining authority did not consider whether bail conditions or other measures would suffice.

The Bombay High Court allowed two habeas corpus petitions challenging preventive detention orders dated 21 February 2013 issued under Section 3(1) of ...

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Bombay High Court Dismisses Petition Challenging Police Notices Restricting Hotel Timings — Government Notification Under Shops Act Cannot Override Police Act Restrictions on Eating Houses.

The petitioners, Yogesh Panditrao Khaire and others, are running a hotel named 'Hotel Saheba' in Nashik. They obtained a licence under the Bombay Shop...

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Bombay High Court Grants Leave to Appeal Against Dismissal of Complaint Under Section 138 NI Act for Want of Prosecution — Technical Dismissal Not on Merits. The court held that dismissal under Section 256 CrPC is not a bar to appeal as it is not a decision on merits.

The applicant, Terna Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory registered under the Maharashtra Cooperative Societies Act, 1...

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Bombay High Court Quashes 'No Cross' Order in NI Act Case — Right to Cross-Examine Cannot Be Denied Without Giving Opportunity. Accused's Right to Cross-Examine Complainant's Witness Is a Valuable Right and Cannot Be Extinguished by Defaulting on Costs.

The petitioner, original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed a Criminal Writ Petition under Articl...