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Bombay High Court Quashes Detention Order Under MPDA Act for Detenu in Judicial Custody — Failure to Show Imminent Possibility of Bail Renders Order Invalid. Preventive detention cannot be sustained when detenu is already in custody and no cogent material exists to indicate likely release on bail.

The petitioner, father of the detenu Jaidev @ Rajubhai @ J.D. Ramji Mishra, filed a habeas corpus petition under Article 226 of the Constitution chall...

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Bombay High Court Allows Petition of Lecturer in Service Dispute — Stigmatic Termination Quashed. Termination order stating 'work and behaviour not satisfactory' is stigmatic and requires disciplinary inquiry under Maharashtra Universities Act, 1994.

The petitioner, Mr. Rohidas Ganpat Godse, was appointed as a lecturer in Accountancy at G.B. Khare College after being selected by a duly constituted ...

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Bombay High Court Quashes FIR in Gambling Case Due to Non-Compliance with Section 6 of Bombay Prevention of Gambling Act, 1887 — Police Raid Conducted Without Valid Warrant or Authorisation.

The applicants, six businessmen from Nagpur, filed an application under Section 482 of the Criminal Procedure Code, 1973 seeking quashing of FIR No. 3...

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Bombay High Court at Goa Dismisses Petition Challenging Appointment of Commissioner in Inventory Proceedings. Court Upholds Discretion of Civil Judge to Appoint Commissioner for Partition of Joint Family Property Under Portuguese Civil Code When Parties Fail to Agree.

The petitioners, being heirs of the deceased parents, challenged the judgment dated 02.06.2000 passed by the learned Addl. District Judge, Panaji, in ...

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Bombay High Court Allows Petition Challenging Appellate Restraint Order in Property Dispute — Status Quo Order Revived After Remand. The Appellate Court's direction to maintain status quo was held to be without jurisdiction as the earlier High Court order already covered the same.

The petitioner, Morries Housing Private Limited, challenged an order dated 26/09/2011 passed by the lower Appellate Court in an appeal arising from a ...

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Bombay High Court Quashes Demolition Order in Coastal Zone Management Case for Violation of Natural Justice. Failure to Furnish Documents Relied Upon in Show Cause Notice Renders Proceedings Void.

The petitioner, Shri Prakash N. Naik, filed a writ petition before the Bombay High Court at Goa challenging an order dated 22.12.2004 passed by the Go...

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Bombay High Court Allows Appeal in Central Excise Case: Commissioner's Decision on Nil Duty Binding on Assessing Officer. Duty on DTA Clearances of Fresh Mushrooms by 100% EOU Held Nil Following Commissioner's Order Under Section 3(1) of Central Excise Act, 1944.

The appellant, ECO Valley Farms & Foods Limited, a 100% Export Oriented Unit (EOU) engaged in cultivation, manufacture, and export of fresh/processed ...

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Bombay High Court Dismisses Revision Against Acquittal in Negotiable Instruments Act Case — Complainant Fails to Prove Debt or Liability Beyond Reasonable Doubt. Concurrent findings of acquittal upheld as presumption under Section 139 of NI Act was rebutted by accused's probable defence.

The applicant, Rais Ahmad Mohammad Kasmi Siddiqui, filed a criminal revision application before the Bombay High Court, Aurangabad Bench, challenging t...

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Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute. Failure to Perform Contractual Obligations Does Not Attract Criminal Liability Under Sections 406 and 420 IPC Without Proof of Fraudulent Intent at Inception.

The case involves a criminal writ petition filed by V.B. Padode and M/s. Dataline and Research Technologies (I) Ltd. (the petitioners) challenging the...