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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Detaining Authority Failed to Independently Consider Grounds, Leading to Mechanical Affirmation of Proposal.

The petitioner, brother-in-law of the detenu Janardan @ Janyadada Chintaman Bhoir, filed a habeas corpus petition challenging the detention order date...

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Bombay High Court Acquits Accused in Assault on Public Servant Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 353, 294, 506 IPC and Arms Act Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Ranjitsingh Gulabsingh Chungade, was convicted by the Additional Sessions Judge, Akola in Sessions Trial 234/2002 for offences under Se...

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High Court of Karnataka Kalaburagi Bench Considers Second Appeal in Suit for Permanent Injunction, Frames Substantial Questions of Law Regarding Pleadings and Title Dispute

This Regular Second Appeal arose out of an original suit for permanent injunction in a property dispute. The plaintiff claimed ownership and possessio...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive detention order set aside as detaining authority mechanically recited grounds without considering detenu's custody status.

The petitioner, Rohit Sidram Khatal, challenged an order of detention dated 17/3/2020 passed by the Commissioner of Police, Solapur under Section 3 of...

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Bombay High Court Dismisses Successive Habeas Corpus Petitions Challenging COFEPOSA Detention Orders on Grounds of Constructive Res Judicata. Fresh Grounds Must Be Raised in Earlier Petitions or Are Barred.

The judgment concerns two criminal writ petitions filed under Article 226 of the Constitution of India challenging orders of detention passed under Se...

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Bombay High Court Allows Bail Appeal in NIA Case on Ground of Parity and Delay in Trial. Appellant, in custody since 2018, granted bail as co-accused similarly situated were released and trial had not commenced, upholding right to speedy trial under Article 21.

The appellant, Mohammad Raisuddin, was arrested in connection with NIA Special Case No. 3/2018 for alleged offences under the Unlawful Activities (Pre...

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Supreme Court Restores Conviction in Cheque Dishonour Case: High Court Erred in Reappreciating Evidence Beyond Revisional Jurisdiction. Presumption under Sections 118 and 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

The appellant-complainant alleged that he advanced a loan of Rs.22,00,000 to the respondent-accused, who issued a cheque dated 17.03.2010 for the same...