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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Construction on Municipal Land — Held That No Notice Under Section 53A of Transfer of Property Act Is Required for Unauthorized Occupants and That Encroachment on Public Land Cannot Be Regularized.

The judgment concerns two writ petitions filed by different groups of petitioners challenging the demolition of their constructions on land belonging ...

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High Court Dismisses Second Appeal in Partition Suit, Upholding Custom-Based Adoption Validity. Custom Allowed Adoption Above 15 Years in Vysya Community, and Adoptee Could Not Claim Share in Natural Family Property Under Section 12(b) of Hindu Adoptions and Maintenance Act, 1956.

The dispute arose from a partition suit filed by a son who had been given in adoption in 1974 at the age of 23-24 years. The natural father died intes...

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High Court Hears Appeal Against Conviction in Murder Conspiracy Case. Trial Court Convicted Accused for Murder of Sitting MLA Under Sections 302, 307, 120B IPC, but Accused Challenges Validity of Trial Based on Illegal Charge Sheet and Manipulated Evidence.

The accused No.6 (appellant) appealed against the judgment of conviction and order of sentence passed by the I Additional District and Sessions Judge,...

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Bombay High Court Hears Appeals Against Conviction in Arson and Murder Case. Accused Challenged Conviction Under Sections 302, 436, 342, 143, 147, 148, 149, 120B IPC; State Filed Appeal Seeking Enhancement of Sentence.

The High Court of Judicature at Bombay adjudicated eight criminal appeals filed against the judgment dated 9 May 2005 by the 4th Additional Sessions J...

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Gujarat High Court Dismisses Revision Against Acquittal in Assault Case — No Interference with Concurrent Findings of Fact. Complainant Failed to Prove Offences Under Sections 323, 504, 506(2), 427, 114 IPC and Section 135 GP Act Beyond Reasonable Doubt.

The case arises from a criminal revision application filed by the original complainant, Dodiya Ushaben Ghanshyamsinh, challenging the acquittal of res...

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Bombay High Court Dismisses Petition Seeking Release of Sealed Factory Premises in Customs Duty Dispute — Petitioner Failed to Comply with Supreme Court's Conditional Order. Interest Demand Under Section 28AA of Customs Act, 1962 is Statutory and Automatic, No Separate Demand Required.

The petitioner, B.V. Jewels, a partnership firm engaged in manufacturing and exporting gold and jewellery, operates an export processing unit in SEEPZ...

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Bombay High Court Dismisses Application for Abatement and Condonation of Delay in Second Appeal — No Sufficient Cause Shown for 5-Year Delay in Filing Application After Dismissal of Appeal for Default.

The case involves a civil application filed by Smt. Radhabai Vithal Waikar (the applicant) seeking to quash an order dated 1st March 2006 passed by th...