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Supreme Court Cancels Bail in POCSO Case Due to Suppression of Material Facts and Failure to Consider Gravity of Offence -- High Court's Bail Order Set Aside as Perverse and Unjustified

The Supreme Court allowed the criminal appeal challenging the High Court's bail order in a case involving serious sexual offences against a minor -- T...

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Bombay High Court Grants Bail to MCOCA Accused Due to Lack of Evidence of Membership in Organized Crime Syndicate. Single Incident of Assault Not Sufficient to Attract Section 3(4) of Maharashtra Control of Organised Crime Act, 1999.

The applicant, Dinesh Bhondulal Baisware, filed a criminal application for bail under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA). Th...

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Bombay High Court Dismisses Petitioner's Challenge to Rejection of Withdrawal of Suit Under Section 50 of Maharashtra Public Trusts Act, 1950 — Petitioner Failed to Show Sufficient Cause for Withdrawal of Suit Filed in Representative Capacity.

The petitioner, Prabhakar Waktuji Sapate, filed three writ petitions challenging an order dated 21.1.2016 passed by the learned Joint Charity Commissi...

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Bombay High Court Dismisses Writ Petitions Challenging Rejection of Withdrawal of Suit Under Maharashtra Public Trusts Act. Joint Charity Commissioner's Order Upheld as No New Trust Was Created and Suit Was Not Maintainable.

The petitioner, Prabhakar Waktuji Sapate, filed three writ petitions challenging the order dated 21.1.2016 passed by the learned Joint Charity Commiss...

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Bombay High Court Dismisses Review Petition in Trust Dispute — No Error Apparent on Record. Direction to Implead Trustee in Appeal Before Charity Commissioner Upheld as Petitioner Was Already Represented by Trust.

The judgment concerns a review petition filed by Ganesh N. Salunkhe against an order dated 4 February 2015 passed in Writ Petition No. 174 of 2015. Th...

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Bombay High Court Dismisses Review Petition in Trust Dispute — No Error Apparent on Record. Direction to Implead Trustee in Appeal Before Charity Commissioner Was Made with Consent and Is Not Contrary to Order XLI Rule 20 CPC.

The review petitioner, Ganesh N. Salunkhe, sought review of an order dated 4 February 2015 passed in Writ Petition No. 174 of 2015. The order directed...

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Bombay High Court Allows Writ Petition Challenging SAFEMA Forfeiture Orders — Bank's Mortgage Rights Protected as Prior Encumbrance. The Court held that forfeiture under Section 7 of SAFEMA does not extinguish a prior bona fide mortgage created before the issuance of the show cause notice.

The Petitioner, Development Credit Bank Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 12th Mar...

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Bombay High Court Stays Eviction of Daughter-in-Law from Matrimonial Home in Property Dispute with In-Laws. Trial Court's Order at Notice of Motion Stage Held to Be in Nature of Final Decree; Right to Residence Under Domestic Violence Act Recognized.

The appellant, Bharati Rajesh Bhave, filed an appeal against an order passed by the trial judge on 3rd October 2015, which allowed a notice of motion ...

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Bombay High Court Quashes MHADA Order in Redevelopment Dispute — Upholds Developer's Right to Fair Hearing. Section 95A of MHADA Act, 1976 Requires Compliance with Natural Justice Before Revoking Development Rights.

The petitioners, M/s Darshan Jayant Builders (a partnership firm) and its partner Pritesh M. Jain, filed a writ petition under Article 226 of the Cons...

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Bombay High Court Allows Writ Petitions of Retrenched Daily Wagers Challenging Termination Without Compliance with Section 25-F of Industrial Disputes Act. Appointments for 11-month periods without indicating temporary nature deemed regular, termination illegal.

The petitioners, Arun Rambhau Phatak and Sarjirao Mahadeo Bhalerao, were working as Helpers to Cooks on a daily wage basis from 1984 to 2001 at Mahatm...