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Bombay High Court Quashes Detention Order in MPDA Act Case — Failure to Distinguish Between Law and Order and Public Order. Detention under Section 3 of MPDA Act set aside as grounds related to bootlegging did not affect public order, only law and order.

The petitioner, Badal s/o Manoj Sahare, challenged the detention order dated 26/04/2023 passed by the District Magistrate, Wardha under Section 3(1) a...

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Bombay High Court Dismisses Writ Petition Challenging Bank's Possession Under SARFAESI Act — Alternative Remedy Before DRT Must Be Exhausted. Writ Petition Not Maintainable as SARFAESI Act Provides Complete Mechanism for Aggrieved Persons Under Section 17.

The petitioners, Dr. Anil Nandkishor Tibrewala and his wife, owned a flat in Mumbai. They had mortgaged the flat to Jammu and Kashmir Bank Ltd. (respo...

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WRIT PETITION NO. 12656 OF 2023

The writ petition under Article 227 of the Constitution of India was filed by Reliance General Insurance Company Ltd. against the order dated 31 July ...

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Bombay High Court Dismisses Acquitted Accused's Writ Petition for Rs.200 Crore Compensation as Acquittal Does Not Automatic Entitlement. The Court Holds That Compensation Under Article 226 Requires Proof of Malicious Prosecution and Violation of Fundamental Rights, Not Mere Acquittal.

The present writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 was filed by the peti...

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High Court of Karnataka Hears Petition Under Section 482 Cr.P.C. Challenging Discharge of Accused in Illegal Mining Case — Allegations of Fraudulent Mining Operations and Criminal Conspiracy Examined

The petitioner, an NGO, originally filed a writ petition before the Supreme Court of India under Article 32 of the Constitution seeking an investigati...

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Bombay High Court Dismisses Writ Petitions Seeking Stay of By-Election for Municipal Ward No. 81 Pending Election Petition. By-Election Notification Upheld as Scheme of Mumbai Municipal Corporation Act, 1888 Does Not Require Staying Casual Vacancy Filling Despite Pending Challenge Under Section 33(2).

The Bombay High Court heard a group of four writ petitions filed by voters and rival candidates from Ward No. 81 of the Municipal Corporation of Great...