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High Court of Bombay at Goa Acquits Appellant in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act. Failure to Record Reasons for Search and Non-Communication of Right to be Searched Before Gazetted Officer or Magistrate Leads to Acquittal.

The appellant, Ivan Miguel, a Portuguese national, was convicted by the learned Special Judge in NDPS Criminal Case No.16/2014 for offences under Sect...

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Bombay High Court Upholds Labour Court Award of Reinstatement and Back Wages to Conductor Dismissed for Misconduct — MSRTC v. B.D. Chavhan. Employer's Disciplinary Action Set Aside as Domestic Inquiry Was Not Properly Conducted and Findings Were Not Based on Legal Evidence.

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged an award of the Labour Court, Aurangabad, in Reference IDA No.36/1985...

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Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Holds Partial Abatement Only. Death of some appellants during pendency of appeal does not abate entire appeal; decree not a nullity under Order 22 CPC.

The case involves a second appeal arising from a suit for partition and separate possession. The original suit was filed by the plaintiffs (now respon...

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Bombay High Court Acquits Appellants in Kidnapping for Ransom Case Due to Lack of Evidence and Unreliable Witnesses. Conviction under Section 364-A IPC set aside as prosecution failed to prove demand of ransom and identity of accused beyond reasonable doubt.

The judgment pertains to three criminal appeals filed by Mohammad Imdar Ali (A-4), Srinivas Gauramkondu (A-2), and Suraj Kumar Jha (A-3) challenging t...

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High Court of Bombay at Goa Upholds Conviction of Appellants in Kidnapping for Ransom Case Under Section 364-A IPC — Life Sentence Confirmed Based on Circumstantial Evidence and Identification of Victim and Accused.

The case involves three appeals filed by Mohammad Imdar Ali (A-4), Srinivas Gauramkondu (A-2), and Suraj Kumar Jha (A-3) against their conviction and ...

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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Constructions in Shirdi — Held That No Notice Under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 Is Required Before Demolition of Unauthorized Structures Under Section 52.

The judgment concerns two writ petitions filed by residents of Shirdi challenging the demolition of their structures by the Shirdi Nagar Panchayat. Th...

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Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 and Delay in Trial. Personal Search of Accused Conducted Without Informing Right to Search Before Gazetted Officer or Magistrate, Violating Mandatory Safeguard Under Section 50 of NDPS Act.

The applicant, Arshad Karar Khan, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular ba...

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Bombay High Court Dismisses Section 9 Petition for Lack of Jurisdiction in Commercial Arbitration Dispute. Exclusive jurisdiction clause in agreement conferred jurisdiction on Hyderabad courts, not Bombay High Court.

The petitioner, Aniket SA Investments LLC, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures pe...