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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Prima Facie Case Under Section 304-A IPC. FIR and charge-sheet quashed as no expert opinion obtained to establish medical negligence.

The applicant, Dr. Pramod Yashwantrao Gurjar, an Obstetric and Gynecology Surgeon, performed a cesarean surgery on Smt. Kanchan Atul Kulkarni on 06.03...

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Bombay High Court Issues Directions for Improvement of Healthcare Facilities in Government Hospitals in Goa in Public Interest Litigation. Court Holds That Right to Health is a Fundamental Right Under Article 21 of the Constitution and State Has a Legal Obligation to Provide Basic Medical Facilities.

This public interest litigation was filed by Prakash B. Sardessai and Vishwesh Sardessai, residents of Goa, seeking improvement of healthcare faciliti...

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Bombay High Court Upholds Cooperative Court's Order Terminating Lease for Violation of Bye-laws in Cooperative Housing Society Dispute. Leasehold rights terminated due to unauthorized construction and sub-letting without society's consent; purchasers' rights held subject to society's bye-laws.

The dispute pertains to leasehold rights over a plot in Vithalnagar Co-operative Housing Society Ltd. The society granted a lease of the plot to membe...

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Bombay High Court Allows Anticipatory Bail Application in POCSO and Atrocities Act Case - Section 42-A POCSO Act Prevails Over Section 14-A Atrocities Act, Making Section 438 CrPC Maintainable.

The case involved an anticipatory bail application under Section 438 CrPC by Aniket Labade, accused of offences under IPC, POCSO Act, and SC/ST Act. T...

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Bombay High Court Allows Appeal of Property Owners Against Attachment Under MPID Act — Property Not Proceeds of Crime. The court held that property owned by third parties not accused cannot be attached merely because the accused was in possession under a leave and licence agreement.

The appellants, Smt. Madhu Deepak Gogri and Mayank Deepak Gogri, are the owners of Shop Nos. 1 and 2 in Prem Bhanu Apartment, Borivali (West). The pro...

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Bombay High Court Dismisses PILs Challenging Ulhasnagar Development Plan, Upholds Statutory Process. Court holds that objections to draft development plan must be raised before the planning authority under MRTP Act, and belated challenges after final notification are not maintainable.

The judgment concerns two Public Interest Litigations (PILs) filed before the Bombay High Court challenging the development plan for Ulhasnagar city. ...

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Bombay High Court Allows Writ Petition Challenging Rejection of SVLDRS Declaration Due to Procedural Irregularity. Rule 6(2) proviso requiring pre-deposit of 50% of disputed tax before filing declaration under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 read down as directory, not mandatory.

The petitioner, Nabeel Construction Pvt. Ltd., engaged in construction services, was subjected to an investigation by the Directorate General of GST I...

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Bombay High Court Upholds Life Conviction for Rape of Minor Sister-in-law Under POCSO Act and IPC. Accused's repeated sexual assault on 17-year-old victim resulting in pregnancy proved beyond reasonable doubt by consistent testimony and medical evidence.

The appellant, Amol @ Ratan Pralhadrao Tayade, was convicted by the Additional Sessions Judge, Akola, for offences under Section 4 of the Protection o...

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Bombay High Court Allows Writ Petition in Service Tax Dispute Under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 — Petitioner's Declaration Wrongly Rejected as Ineligible. Designated Committee's Notice in Form SVLDRS-3 Quashed for Non-Compliance with Scheme Provisions.

The Petitioner, Ashwini Builders and Developers Pvt. Ltd., a company registered under the Companies Act, 1956, filed a Writ Petition under Article 226...