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Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

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Bombay High Court Allows Writ Petition Challenging Provisional Attachment Orders Under CGST Act — Circular Read Down to Mandate Recording of Reasons. Attachment Orders Quashed for Non-Recording of Reasons Under Section 83 of Central Goods and Services Tax Act, 2017 and Rule 159(1) of CGST Rules.

The petitioner, Originative Trading Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging the validity of ...

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Bombay High Court Allows Writ Petition for Mandamus Directing NHAI to Initiate Land Acquisition Proceedings and Pay Compensation for Highway Construction Without Acquisition. Court Held That Authorities Cannot Encroach Upon Private Land Without Following Due Process Under National Highways Act, 1956.

The petitioners, Govind Poslya Gavit and Vilas Vijaysing Valvi, filed a writ petition under Article 226 of the Constitution of India before the Bombay...

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Bombay High Court Dismisses Certificate Debtors' Challenge to Auction Sale Under SARFAESI Act — Sale Confirmed and Possession Delivered. Court Held That Remedy Under Section 17 of SARFAESI Act Is Not Available After Sale Certificate Is Issued.

The petitioners, original certificate debtors, challenged the auction sale of their property conducted by Punjab National Bank under the Securitisatio...

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Bombay High Court Quashes Summary Eviction Order Against 80-Year-Old Tenant in MHADA Redevelopment Dispute. Petitioner's Right to Alternate Accommodation Under Section 95A of MHADA Act Upheld as Board Failed to Provide Permanent Rehabilitation Before Eviction.

The petitioner, Sugrabai Gulam Abas Tambawala, an 80-year-old housewife, filed a writ petition under Article 226 of the Constitution of India challeng...

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Bombay High Court Allows Furlough to Convicts Despite Past Overstay, Emphasizes Reformative Purpose of Furlough. Furlough is a right of a prisoner and cannot be denied solely on ground of past overstay without considering subsequent good conduct and period of incarceration.

The judgment pertains to two criminal writ petitions filed by convicts Satish Shankarrao Shinde and Nagnath Bapurao Sontakke, challenging the rejectio...

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Bombay High Court Quashes Land Acquisition Award for Violation of Section 5-A Hearing Right — Personal Hearing Not Afforded Despite Objections Filed by Owner. Denial of Personal Hearing Under Section 5-A of the Land Acquisition Act, 1894 Renders Acquisition Proceedings Invalid.

The petitioner, Talsons Real Estate Pvt. Ltd., owned land bearing Survey No.23/2/1 at Kondhwa Budruk, Taluka Haveli, District Pune. The State of Mahar...