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Bombay High Court Acquits Accused in Corruption Case Due to Misapplication of Section 8 of Prevention of Corruption Act, 1988 — Charge Framed Under Wrong Provision Invalidates Conviction

The appellant, a Junior Clerk in a Sessions Court, was convicted under Section 8 of the Prevention of Corruption Act, 1988 for allegedly demanding and...

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Bombay High Court Quashes Detention Order in MPDA Case Due to Lack of Subjective Satisfaction and Unexplained Delay. Preventive detention order set aside as detaining authority failed to establish live-link between alleged activities and public order disturbance.

The petitioner challenged a detention order passed under the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA Act) and its subsequent ap...

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Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

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Supreme Court Allows Appeal in Res Judicata Case — High Court Erred in Dismissing Second Appeal Without Considering Substantial Question of Law. The suit for declaration of title and possession was not barred by res judicata as the earlier suit did not adjudicate the rights of co-defendants.

The plaintiff-appellant, Har Narayan Tewari, filed Title Suit No.9/89 for declaration of title and possession over 0.30 acres of land (0.12 acres of P...

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Supreme Court Allows State Appeals in Land Acquisition Case — Doctrine of Legitimate Expectation Cannot Override Statutory Acquisition Process. Industrial Development Constitutes Valid Public Purpose Under Land Acquisition Act, 1894.

The appeals arise from a common judgment of the Uttarakhand High Court dated 02.11.2018, which dismissed the appeals filed by the appellants (the Stat...

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Bombay High Court Directs Statewide Integration of Building Plan Management System with MahaRERA to Prevent Fraudulent Real Estate Registrations. Court Emphasizes Need for Coordinated Verification of Commencement and Occupation Certificates Under RERA Act.

The petitioner, Sandeep Pandurang Patil, filed a Public Interest Litigation under Article 226 of the Constitution of India before the Bombay High Cour...

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Bombay High Court Dismisses Appeals Against Injunction Order in Pledge Dispute, Upholds Ad-Interim Relief Despite Delay in Pronouncement. Delay of Over One Year in Passing Interlocutory Order Does Not Automatically Vitiate It Unless Prejudice Is Demonstrated.

The case involves three commercial appeals filed under Section 13(1-A) of the Commercial Courts Act, 2015, challenging an order dated 5 June 2023 pass...

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Bombay High Court Quashes Reassessment Notice and Order in Income Tax Case Due to Lack of Fresh Material and Change of Opinion. Guarantee Fee Reversal Issue Already Examined in Original Assessment and Pending Before Tribunal, Reassessment Barred by Third Proviso to Section 147 of Income-tax Act, 1961.

The petitioner, Tata Communications Limited, filed its return of income for Assessment Year 2014-15 on 24 November 2014, which was revised twice in Ma...