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Bombay High Court Examines Validity of Special Public Prosecutor Appointments; Appointments Made at Instance of Complainants Challenged as Violative of Mukul Dalal Guidelines and CrPC.

The Bombay High Court heard two writ petitions challenging the appointments of Special Public Prosecutors under Section 24(8) of the Code of Criminal ...

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Supreme Court Upholds Acquittal in TADA Case Due to Invalid Sanction — Prior Sanction Under Section 20A(2) TADA Must Show Application of Mind. The Designated Court's finding of non-application of mind in sanction order was upheld, and the prosecution could not proceed under TADA.

The State of Gujarat appealed against the acquittal of three respondents by the Designated Judge, Jamnagar, in Special TADA Case Nos.3/1994, 3/1997, a...

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Bombay High Court Allows Transfer of Restitution of Conjugal Rights Petition from Kolhapur to Vasai on Grounds of Wife's Medical Condition and Convenience. Wife's autoimmune disease and pending divorce and DV proceedings at Vasai weighed in favour of transfer under Section 24 CPC.

The applicant wife filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Petition No.167 of 2021 filed by th...

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Bombay High Court Dismisses Appeal Seeking Revocation of Probate for Lack of Grounds Under Section 383 of Indian Succession Act, 1925. Copy of Will Deed Not Admissible Without Proving Original Under Section 65 of Evidence Act, 1872.

The case involves a dispute between two real brothers, Deepak Shivram Patare (appellant) and Vijay Shivram Patare (respondent), over the estate of the...

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Bombay High Court Dismisses Appeal Seeking Revocation of Probate — Copy of Will Inadmissible Without Original Under Evidence Act. Probate Granted Under Indian Succession Act Cannot Be Revoked Except on Grounds Under Section 383.

The case involves a dispute between two real brothers, Deepak Shivram Patare (appellant) and Vijay Shivram Patare (respondent), over the estate of the...

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Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind — Detenu's Retracted Statement Not Considered. Preventive Detention Order Under Section 3(1) of COFEPOSA Set Aside as Detaining Authority Failed to Consider Retraction of Confession.

The petitioner, wife of the detenu Iqbal Yusuf Suleman, challenged the detention order dated 20.4.2004 passed by the detaining authority under Section...

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Bombay High Court Sets Aside Bail Granted to Accused in Rape Case Due to Non-Compliance with Mandatory Notice Under Section 23(2) BNSS. Failure to Provide Notice to Victim Before Granting Bail Vitiated the Order.

The applicant, a woman working as a Guest Relation Manager, filed a criminal application before the Bombay High Court seeking to set aside an order da...