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Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

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Bombay High Court Hears Criminal Writ Petition Challenging Preventive Detention Under COFEPOSA; Grounds Include 12-Year Execution Delay and Non-Supply of Material Translations.

In 1992, the petitioner Musthafa Ahamed Dossa was named as the head of a smuggling gang in statements recorded under Section 108 of the Customs Act, 1...

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Supreme Court Considers Maintainability of Writ Petitions Against Armed Forces Tribunal Orders Under Article 226. High Court reversed Tribunal orders and granted relief; statutory appeal mechanism under Sections 30 and 31 of Armed Forces Tribunal Act, 2007 argued to exclude writ jurisdiction.

In these connected civil appeals, the Supreme Court was confronted with the issue of maintainability of writ petitions under Article 226 of the Consti...

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Bombay High Court Grants Bail to Accused in Forgery and Cheating Case — Dispute Civil in Nature. No Prima Facie Case Made Out Under Sections 411, 406, 409, 416, 418, 420, 464, 467, 468, 471, 120B IPC.

The applicants, Shri Dilip Kanal and another, filed a criminal application before the Bombay High Court seeking bail in connection with MECR No. 15 of...

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Bombay High Court Dismisses Habeas Corpus Petitions Challenging Judicial Custody Beyond 15 Days Under Section 309(2) Cr.P.C. — Remand Orders Not Vitiated as Petitioners Failed to Show Prejudice or Illegality.

The petitioners, Harshad Dinanath Bari and Ravindra Vasudev Bari & Ors., were accused in Boisar police station C.R. No. I-267/2017 (MPID Case No. 2 of...

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Bombay High Court Quashes FIR in Criminal Case Due to Lack of Evidence and Abuse of Process — Quality of a Nation's Civilization Measured by Methods Used in Enforcement of Criminal Law.

The petitioner, Chandrashekhar Bhimsen Naik, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

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Bombay High Court Considers Writ Petition Against Preventive Detention Order Under Maharashtra Prevention of Dangerous Activities Act, 1981. Challenge Centers on Whether Non-Literal Translation of Right to Representation in Marathi Vitiates Detention Under Article 22(5) of Constitution.

The matter arose from a criminal writ petition filed by the detenu under Article 226 of the Constitution of India challenging the order of preventive ...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay in Considering Representation. Preventive Detention Order Set Aside as State Failed to Explain Delay of Over 100 Days in Disposing Detenu's Representation, Violating Article 22(5) of Constitution.

The petitioner, Devendra Ramlal Bidlan, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offender...