Search Results for "absolute necessity"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "absolute necessity"

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High Court

Bombay High Court Grants Probate of Will in Favor of Executor Despite Challenge by Caveator Claiming Earlier Will. Court Upholds Validity of Later Will Executed in Hospital, Finds No Suspicious Circumstances.

16 Jul 2019

The case concerns a probate petition filed by Prakash Sunderdas Aswani, the sole executor named in the last Will of Pushpa Thakurdas Aswani dated 18th...

High Court

High Court of Bombay at Goa Allows State's Petition to Produce Vehicle Registration Details in Murder Trial — Trial Court Erred in Rejecting Document as Not Part of Original Investigation Under Sections 230 and 311 CrPC. The court held that the wide discretion under Section 311 CrPC permits production of any document essential for just decision, regardless of when it was printed or whether it was part of original investigation.

22 Jul 2019

The State of Goa filed a criminal writ petition challenging two orders dated 4.2.2019 and 12.2.2019 passed by the President, Children's Court, rejecti...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Compelling Necessity. Preventive detention set aside as the detaining authority failed to consider the petitioner's acquittal in the predicate offence and did not provide sufficient material to justify the subjective satisfaction of imminent threat.

7 Oct 2025

The petitioner, Kishor Laxman Kawale, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders,...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Non-Service on Detenue in Judicial Custody and Reliance on Irrelevant Material. The court held that failure to serve detention order on detenue while in judicial custody and reliance on a criminal case in which detenue was not involved renders the order illegal.

1 Oct 2025

The petitioner, Dikshant @ Dadu Devidas Sapkale, challenged a preventive detention order dated 18.07.2024 passed by the District Magistrate, Jalgaon u...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act Due to Non-Service on Detenue in Judicial Custody and Reliance on Irrelevant Material. The court held that failure to serve detention order promptly and reliance on a case where detenue was not involved vitiates the subjective satisfaction under the MPDA Act.

1 Oct 2025

The petitioner, Dikshant @ Dadu Devidas Sapkale, challenged a preventive detention order dated 18.07.2024 passed by the District Magistrate, Jalgaon u...

High Court

Bombay High Court Allows Compensation for Custodial Death Due to Police Negligence — State Held Vicariously Liable Under Article 21 of the Constitution for Failure to Provide Medical Aid to Person in Custody.

29 Nov 2019

The petitioner, Dnyaneshwar s/o Kachru Todmal, filed a Criminal Writ Petition before the Bombay High Court at Aurangabad seeking compensation for the ...

High Court

Bombay High Court Dismisses Petitions Challenging SAFEMA Forfeiture Orders — Property Acquired from Smuggler's Funds Forfeitable Even After His Death. The court upheld the forfeiture of properties purchased from a deceased smuggler, rejecting claims of bona fide purchase and limitation.

30 Nov -0001

The judgment concerns four criminal writ petitions filed under Article 226 of the Constitution of India challenging orders of forfeiture passed under ...

High Court

Bombay High Court Dismisses Bank's Petition to Quash Criminal Complaint in Loan Dispute — Civil Nature of Dispute Precludes Criminal Investigation. The court held that a loan transaction with clear terms does not give rise to criminal liability for cheating or criminal breach of trust, and quashed the complaint.

5 Apr 2005

The petitioner, Kotak Mahindra Bank Limited, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Application of Mind — Gap of Nearly One Year Between Issuance and Execution Without Reconsideration of Changed Circumstances. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider That Detenu Was in Judicial Custody at Time of Execution, Though on Bail When Order Was Issued.

5 Apr 2005

The petitioner, Shri Raja @ Rajesh Rajan Nair, challenged his detention order dated 30th September 2003 issued under the Maharashtra Prevention of Dan...

High Court

Bombay High Court Quashes Appointment of Public Prosecutor for Pune District Due to Non-Compliance with Section 24 CrPC. Appointment made without consulting the Advocate General and without considering eligible Additional Public Prosecutors violates statutory requirements.

12 Aug 2005

The petitioner, Mrs. Neelima Sadanand Vartak, an Additional Public Prosecutor in Pune District since 1986, challenged the notification dated 1st June ...

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