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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act, 1985. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

The appellant, a Nigerian national, was convicted by the Special Judge in NDPS Case No. 116 of 2000 for an offence under Section 8(c) punishable under...

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Bombay High Court Dismisses Petitions Challenging Retrospective Amendment to Foreign Trade Policy and Customs Notification. Court Holds That Importers Have No Vested Right in Export Obligation Period and Retrospective Amendment Is Valid to Prevent Misuse of Duty Exemption Scheme.

The Bombay High Court dismissed two writ petitions challenging the validity of Notification No.2(RE 2013)/2009-14 dated 18th April 2013, which retrosp...

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Bombay High Court Allows Discharge of Senior Citizen Insolvents Under Section 38 of Presidency-Towns Insolvency Act — Assets Fully Administered and No Objection from Creditor. Insolvents Granted Discharge After 9 Years of Undischarged Insolvency, Relieved of Stigma and Disabilities.

The judgment concerns a discharge application filed by two insolvents, Lav Chadha and Naresh Chadha, who are senior citizens aged 65 and 61 respective...

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Gujarat High Court Dismisses Revision Against Rejection of Discharge in Cheque Dishonour Case — Prima Facie Case Made Out Under Section 138 NI Act. No Interference Warranted as Magistrate's Order Based on Material Evidence.

The present criminal revision application was filed by Yogesh Premjibhai Suvariya and another (the petitioners/accused) challenging the order dated 08...

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Bombay High Court Dismisses Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Letters Patent Appeal against decree for possession and mesne profits dismissed as no substantial question of law or perversity found in concurrent findings of fact.

The present Letters Patent Appeal arises from a judgment and decree passed by a Single Judge of the Bombay High Court in First Appeal No. 133/1976, wh...

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High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Misappreciation of Statutory Presumption Under Section 139. The Court Held That the Accused Failed to Rebut the Presumption That the Cheque Was Issued for Discharge of a Debt or Liability.

The appellant, Ghanshyamdas Lalchand Chandak, was the original complainant in Summary Criminal Case 241/1999 under the Negotiable Instruments Act, 188...

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High Court of Karnataka Dismisses Writ Petition Challenging Termination Clause in Employment Contract. Clause 12(c)(ii) allowing termination without cause held not unconscionable or contrary to public policy under Section 23 of Indian Contract Act, 1872.

The petitioner, Ms. Jayshree Gururaj, was appointed as Senior Director (Advanced Services) in Cisco Systems (India) Private Limited on 15 May 2012. He...