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Bombay High Court Allows Petitions Against Stop Work Notice and Demolition Order in Cantonment Area — Holds That Repair of Old Grant Bungalow Does Not Require Prior Permission Under Revised Land Policy of 1995.

The petitioners, legal heirs of late Smt. Homai Nussarwanji Pudumjee, were occupancy holders of bungalow No.6, Maneckji Mehta Road, Pune, an old grant...

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Bombay High Court Awards Compensation for Medical Negligence in Municipal Hospital - Extravasation Injury Leads to Loss of Fingers. Hospital Staff's Failure to Monitor IV Line Constitutes Negligence, Municipal Corporation Held Vicariously Liable.

The petitioner, Umakant Kisan Mane, was admitted to Rajawadi Municipal Hospital on 1st October 2002 following a convulsion. An intravenous line was st...

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Bombay High Court Quashes FIR for Criminal Trespass on Gayran Land — Cultivation of Grazing Land Without Authorization Not Trespass if Done Under Claim of Right. Regularization of Gayran Land for Non-Grazing Purposes Requires Compliance with Statutory Procedure Under Maharashtra Land Revenue Code, 1966.

The judgment arises from a criminal application filed by eight applicants seeking quashing of FIR No. 57/2015 registered with Dahihanda Police Station...

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Bombay High Court Quashes Externment Order Under Section 56(1) of Bombay Police Act, 1951 for Non-Application of Mind. Mere Registration of Four Criminal Cases Does Not Justify Externment Without Subjective Satisfaction.

The petitioner, Zubair Shah, filed a criminal writ petition challenging an externment order dated 18th March 2013 passed by the Sub Divisional Magistr...

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Bombay High Court Quashes Externment Orders Under Section 55 of Bombay Police Act for Non-Compliance with Procedural Requirements. Orders set aside as show cause notice did not specify the nature of activities and witnesses were not examined in presence of petitioners.

The petitioners, Vijay Lalso Jadhav and Shailesh Ramesh Jadhav, challenged the externment orders passed by the Competent Authority (Superintendent of ...

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Bombay High Court Sets Aside Divorce Decree in Hindu Marriage Act Case — Allegations of Cruelty and Desertion Not Proven. Court holds that isolated incidents and vague allegations do not constitute cruelty under Section 13(1)(ia) and desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955.

The appellant wife challenged the Family Court's decree of divorce granted to the respondent husband on grounds of cruelty and desertion under Section...

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Bombay High Court Dismisses Writ Petition Challenging Defence Land Claim Over Leasehold Property. Petitioner's Title Not Established Against Union of India's Claim of Ownership Over Land Leased to Colaba Land & Mill Company.

The petitioner, TCI Industries Limited, claimed to be a lessee of land admeasuring 10.264 acres in Colaba, Mumbai, by virtue of an Indenture of Assign...

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Bombay High Court Quashes Preventive Proceedings in Water Tap Dispute — No Breach of Peace Found. Proceedings under Sections 107, 116(3), 151 CrPC initiated based on trivial quarrel without material showing likelihood of breach of peace or public tranquility.

The petitioners, Sau. Shilpa Aade, Ashwin Aade, and Manish Potpose, filed a criminal writ petition before the Bombay High Court at Nagpur seeking quas...