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Bombay High Court Dismisses Pre-Detention Challenge to COFEPOSA Order Filed by Wife of Proposed Detenu. Court holds that a pre-detention petition is not maintainable as the detention order had not been served and the detenu was not in custody.

The petitioner, Smt. Shanta Prakash Shewale, wife of Prakash Pandurang Shewale, filed a writ petition in the Bombay High Court challenging a detention...

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Bombay High Court Quashes Process Against Accused in Criminal Trespass Case Due to Lack of Prima Facie Case — Complaint Fails to Disclose Essential Ingredients of Section 447 IPC Read with Section 34 IPC

The petitioners, accused nos. 1 and 2 in C.C. No. 13911/SS/2009 pending before the Metropolitan Magistrate, 65th Court at Andheri, filed a criminal wr...

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Bombay High Court Addresses De Novo Trial Requirement Under Section 138 NI Act Upon Transfer of Presiding Judge. The court held that successor judge has discretion to proceed from the stage of transfer but must ensure no prejudice to the accused.

This group of matters involves a common legal question regarding the requirement of a de novo trial in proceedings under Section 138 of the Negotiable...

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Bombay High Court Dismisses Petition Challenging Rejection of Application for Production of Document in Criminal Complaint. Court holds that the document sought was not relevant to the proceedings and the application was filed belatedly.

The petitioner, Manjula Ramlal Barot, filed a criminal complaint against respondents No.1 to 5 for offences under Sections 347, 348, 386, 395, 506(ii)...

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Bombay High Court Dismisses Petition to Quash Process in NI Act Case Against Sick Company's Managing Director. Court holds that declaration of a company as sick under SICA does not absolve its directors from criminal liability under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner, Omesh Keshav Karnik, Managing Director of Phoenix Fine Chem Pvt. Ltd., a sick company, filed a Criminal Writ Petition before the Bomba...

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Bombay High Court Dismisses Petitions Challenging Refusal of Redevelopment Permission in CRZ Areas Due to Minimum Plot Size Requirement. Court Upholds MCGM's Decision That Development Control Regulations Do Not Permit Relaxation of Minimum Plot Size for Redevelopment in Coastal Regulation Zone.

The petitioners, including the Maharashtra Chamber of Housing Industries and various real estate companies, filed writ petitions challenging the refus...

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Bombay High Court Quashes FIR Against Student in SC/ST Act Case Due to Lack of Public View. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(r) of SC & ST (Prevention of Atrocities) Act, 1989.

The petitioner, Harsh Anil Singh, a 19-year-old student, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Proof of Homicidal Death. Conviction under Sections 302 and 201 IPC set aside as death could be accidental; benefit of doubt given.

The appellants, Smt. Hanifa Kitabulla Khan and three others, were convicted by the Additional Sessions Judge, Greater Mumbai, under Sections 302 and 2...

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Bombay High Court Dismisses Appeals Against Order Allowing Workmen's Application for Payment of Gratuity and Other Dues from Company Assets. Workmen's dues have priority under Section 529A of Companies Act, 1956, and Official Liquidator must pay from sale proceeds.

The case involves two appeals filed by Grand View Estates Private Limited and Forbes & Company Limited against an order of the Company Court allowing ...