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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind. Detention order set aside as the detaining authority failed to consider the petitioner's bail status and relied on stale material.

The petitioner, Asif Shaikh, challenged an order dated 22nd June 2023 passed by the Commissioner of Police, Mumbai, detaining him under Section 3(2) o...

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Bombay High Court Dismisses Petitions Challenging Government's Refusal to Grant No-Objection Certificate for Starting New Colleges. Government Policy Requiring Prior Approval from University Grants Commission and State Government for Establishment of New Colleges Upheld.

The judgment pertains to two writ petitions filed by educational societies seeking a writ of mandamus to direct the State of Maharashtra and other res...

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Bombay High Court Allows Appeal Against Vacation of Vessel Arrest in Admiralty Suit for Bunker Supply Claim. The court held that the Single Judge erred in vacating the arrest and directing security without proper findings of mala fides.

The appellant, Chemoil Adani Pvt. Ltd., filed an admiralty suit against the vessel m.v. Hansa Sonderburg and its owners for recovery of dues for suppl...

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Bombay High Court Dismisses Convict's Parole Petition for Ailing Mother — Repeated Parole on Same Ground Not Entitled Under Goa Prison Rules, 2006. Rule 324 of Goa Prison Rules, 2006 does not contemplate annual parole for same illness; rejection upheld as mother was being looked after by sister.

The petitioner, Shri Dinesh Arolkar, a convict undergoing a sentence of 10 years rigorous imprisonment plus a fine of Rs. 1 lakh (default sentence 4 y...

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Bombay High Court Grants Leave to Appeal in NI Act Case Due to Denial of Adjournment — Trial Court's Rejection of Adjournment Without Considering Advocate's Engagement Violated Principles of Natural Justice

The applicant, Dhule Shahar Kirana va Bhusar Vyapari Nagari Sahakari Patsanstha Maryadit, through its representative Suresh Sahebrao Jadhav, filed a c...

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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Bombay High Court Dismisses Writ Petitions Challenging Impleadment of Co-owners in Suit for Possession. Order 1 Rule 10 CPC Allows Addition of Parties with Direct Interest in Subject Matter to Avoid Multiplicity of Suits.

The petitioners, Sitaram Deorao Pawar and Totaram Deorao Pawar, filed two separate writ petitions challenging an order dated 6/11/2003 passed by the J...

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Bombay High Court Dismisses Petition Challenging Rejection of Temporary Injunction in Property Suit — Plaintiff Failed to Establish Prima Facie Case for Injunction Against Alienation of Ancestral Property.

The petitioner, Shamrao Vishnu Kunjir, filed a writ petition challenging the rejection of his application for temporary injunction in Regular Civil Su...