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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Non-Prosecution by Complainant. Legal heirs cannot continue prosecution under Section 138 of Negotiable Instruments Act after complainant's death and acquittal under Section 256 of CrPC.

The judgment pertains to two criminal applications filed by Mukund Wazalwar and Ravindra Bhalerao seeking quashing of criminal proceedings under Secti...

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Bombay High Court Enhances Compensation in Motor Accident Claim Case Due to Negligence of Driver and Owner. Apportionment of Liability Between Owner and Driver Under Motor Vehicles Act, 1988.

The case involves two appeals arising from a motor accident claim petition filed by the legal heirs of deceased Prasad Sarodaya, who died in a road ac...

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Bombay High Court Allows Petition Quashing Reservation Condition in Development Permission Dispute. MHADA Housing Reservation Deleted by Sanctioned Modification to Development Plan, Municipal Corporation Cannot Insist on Compliance.

The petitioner, Cosmos Constructions, a partnership firm, owned land at Chitalsar, Manpada, Thane. The Thane Municipal Corporation (TMC) imposed Condi...

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Bombay High Court Allows Landowner's Petition for Declaration of Lapsed Reservation Under MRTP Act - Garden Reservation Lapses Due to Non-Completion of Acquisition Within Statutory Period

The petitioner, Mr. Appasaheb Gurusiddhappa Lakshetti, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Cou...

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Bombay High Court Allows Lapsing of Land Reservation Under MRTP Act Due to Non-Acquisition Within Ten Years. Land reserved for Elevated Service Reservoir declared lapsed as Planning Authority failed to acquire or take proceedings within statutory period under Section 127 of MRTP Act.

The petitioner, Jawahar Hiralal Mehta, through his power of attorney holder, filed a writ petition under Article 226 of the Constitution of India befo...

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Bombay High Court Allows Hospital to Set Up Oxygen Generation Plant in Municipal Garden During COVID-19 Pandemic. Public Interest in Saving Lives Overrides Municipal Objection to Use of Public Garden for Life-Saving Facility.

The petitioner, Viveka Super Specialty Hospital & Research Centre Private Limited, filed a writ petition seeking permission to set up an oxygen genera...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests.

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production ...

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Bombay High Court Dismisses Writ Petition of Co-operative Society Seeking Reservation in MHADA Commercial Complexes. Government Resolution dated 17 August 2002 does not apply to MHADA as it is not a local body or government undertaking under the resolution.

The petitioner, Jay Bhawani Sawamrojgar Seva Sahakari Sanstha Maryadit, a co-operative society of educated unemployed persons registered under the Mah...

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Bombay High Court Quashes Government Notice for Non-Compliance with Natural Justice in Maharashtra Municipal Councils Act, 1965 — Notice Issued Without Prior Hearing Violates Section 55A and Principles of Audi Alteram Partem.

The Bombay High Court, in a common judgment, allowed two writ petitions challenging a notice dated January 6, 2017, issued by the Under Secretary to t...