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Bombay High Court Hears Writ Petition Against Disqualification of Gram Panchayat Members Under Maharashtra Village Panchayats Act. Allegations of Encroachment on Government Land Led to Disqualification Under Section 14(1)(j-3); Petitioners Argued Encroachments Were by Spouses, Not Themselves.

The petitioners were elected members of Gram Panchayat Kalamb, with petitioner no.1 elected as Sarpanch. Respondent nos.5 and 6 filed a complaint on 5...

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Bombay High Court Dismisses Acquitted Accused's Writ Petition for Rs.200 Crore Compensation as Acquittal Does Not Automatic Entitlement. The Court Holds That Compensation Under Article 226 Requires Proof of Malicious Prosecution and Violation of Fundamental Rights, Not Mere Acquittal.

The present writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 was filed by the peti...

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Bombay High Court Considers Validity of DRAT Orders on Pre-Deposit Waiver and Status Quo in Secured Asset Auction. Legal Question Concerns Applicability of Section 18 Pre-Deposit Requirement to Appeals Dismissing Condonation of Delay and Challenging Sale Certificate.

The judgment concerns two writ petitions filed by an auction purchaser (Aloukik Construwell LLP) and a secured creditor (HDFC Bank Limited) challengin...

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Karnataka High Court Division Bench Hears Revenue’s Appeals Against Single Judge’s Order Quashing Section 153C Notices; Weighs Maintainability of Writ Petitions and Natural Justice Concerns.

The present judgment arises from a batch of writ appeals filed by the Revenue against a common order dated 12.08.2022 passed by a Single Judge of the ...

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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...

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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 ...