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Bombay High Court Grants Leave to Appeal Against Dismissal of Complaint Under Section 138 NI Act for Want of Prosecution — Technical Dismissal Not on Merits. The court held that dismissal under Section 256 CrPC is not a bar to appeal as it is not a decision on merits.

The applicant, Terna Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory registered under the Maharashtra Cooperative Societies Act, 1...

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Bombay High Court Allows Petition of ST Candidate for PG Medical Admission Despite Non-Production of Original Certificates. Court Directs Pragmatic Approach and Admission to be Granted Subject to Production of Certificates or Affidavit.

The petitioner, Dr. Ashok Vithal Date, a scheduled tribe candidate, appeared for the common entrance test for medical post graduate courses in Maharas...

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Bombay High Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant-accused, Shivu Chandram Loni, was convicted by the III Additional Sessions Judge, Sangli for the murder of Shakuntala under Section 302 ...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the District Judge, Satara, which c...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. Preventive Detention Cannot Be Based on Old Incidents Without Proximate Link to Public Order.

The petitioner, Adil Chaus, challenged an order of preventive detention passed by the Commissioner of Police, Aurangabad, on 30 August 2011 under Sect...

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Bombay High Court Allows Writ Petition of Municipal Council for Payment of Kisan Vikas Patra Maturity Amount Despite Limitation Bar. Court Directs Release of Rs. 12 Lakhs with 6% Interest, Holding That Writ Jurisdiction Can Be Exercised When Limitation Not Raised by Respondent.

The petitioner, Mormugao Municipal Council, a municipal council established under the Goa Municipalities Act, 1968, invested a sum of Rs. 6,00,000/- i...