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Bombay High Court Quashes Detention Order in MPDA Case for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Order Set Aside as Grounds Were Stale and Irrelevant, Violating Article 22(5) of the Constitution of India.

The petitioner, brother-in-law of the detenu Ganesh Narayan Mane, challenged the detention order dated 08.09.2017 passed by the Commissioner of Police...

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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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Bombay High Court Considers Maintainability of Civil Suit Challenging Registration of Land as Public Trust Under Bombay Public Trusts Act, 1950. The core issue pertains to whether the land is madad-mash inam, which falls outside the purview of the Trust Act, thus the civil court has jurisdiction.

The second appeal arose from a civil suit filed by the original plaintiff (appellant) challenging the registration of his agricultural land as a publi...

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Bombay High Court Allows Release of Imported Bearings in IPR Suspension Case — Mandamus Issued for Violation of IPR Rules 2007. Customs Authorities Suspended Clearance Without Confiscation Order or Notice Under Rule 7 of IPR Rules, Violating Principles of Natural Justice.

The petitioners, NBU Bearings Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court...

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Bombay High Court Considers Legality of Customs Broker Licence Suspension Due to Delay in Submitting Inquiry Report. Interpretation of Regulation 20(5) of Customs Brokers Licensing Regulations, 2013 — Whether Time Limit of 90 Days for Inquiry Report is Mandatory or Directory.

A group of customs appeals was filed by the Principal Commissioner of Customs (General), Mumbai, against various customs broker licence holders before...

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High Court of Judicature at Bombay Examines Challenge to Assessment Order Restricting Sales Tax Incentives under Package Scheme of Incentives, 1993. Expansion Unit Seeks Quashing of Order Alleging It Is Without Jurisdiction and Contrary to Scheme Terms.

The petitioner, Mahindra & Mahindra Limited, a company engaged in the manufacture and sale of automobiles and spare parts, filed a writ petition befor...

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Karnataka High Court Quashes Assistant Commissioner’s Order Cancelling Gift and Sale Deeds Under Senior Citizens Act. Absence of Condition for Maintenance in Gift Deed Renders Section 23 Inapplicable, Bona Fide Purchaser’s Rights Protected.

The petitioner, a subsequent purchaser of immovable property, challenged an order passed by the Assistant Commissioner under the Maintenance and Welfa...