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Bombay High Court Quashes Cancellation of Dramatic Performance Licence in Tamasha Case — District Magistrate Exceeded Jurisdiction Under Section 33 of Bombay Police Act, 1951. Licence Cancellation for Alleged Obscenity Set Aside as Magistrate Failed to Apply Mind and Acted on Extraneous Considerations.

The petitioner, Renuka Loknatya Tamasa Mandal, a cultural organization engaged in Tamasha performances, held a licence under Section 33 of the Bombay ...

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Bombay High Court Dismisses Petition Seeking Removal of Reference to Jarnail Singh Bhindranwale from State Textbooks. Court holds that the reference is a factual historical statement and does not glorify violence or offend any religious sentiments.

The petitioner, Amritpal Singh Khalsa, a law student, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Cour...

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Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

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Supreme Court Restrains West Bengal Police from Obstructing CBFC-Certified Film Exhibition. State Cannot Act as Super-Censor Over Films Certified Under Cinematograph Act, 1952.

The petitioners, Indibily Creative Pvt Ltd and its directors, produced a Bengali feature film titled 'Bhobishyoter Bhoot' (meaning 'future ghosts'), a...

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Bombay High Court Quashes 'Not Suitable' Declaration for Judicial Post Candidate Due to Non-Application of Mind and Arbitrariness. MPSC's Rejection of Candidate Based on Vague Grounds of 'Unsuitable' Without Specific Reasons Violates Article 14 and 16 of Constitution.

The petitioner, Shobhit Gaur, a law graduate from Bhartiya Vidyapeeth, Pune, enrolled as an advocate with the Bar Council of Delhi in 2010 and practic...

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Bombay High Court Allows Writ Petition Challenging Industrial Tribunal Award in Forced Resignation Case. Court holds that resignation obtained under coercion amounts to involuntary termination and reinstatement with back wages is warranted.

The petitioner, Nanda Shirodkar, was employed with the respondent, M/s DCI Pharmaceuticals Pvt Ltd, from 1972 (as claimed by her) or 1985 (as claimed ...

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Bombay High Court Dismisses Section 34 Petition Against Arbitral Award in Investment Dispute. Court upholds award of damages for breach of investment agreement, finding no patent illegality or perversity in arbitrator's findings.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996 to an arbitral award dated 15th June 2017. The petitioner...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Intent and Inconsistent Evidence. Conviction under Section 302 IPC set aside as incident occurred during a sudden quarrel without premeditation, reducing offence to culpable homicide not amounting to murder.

The appellant, Nitin Vithalrao Parab, was convicted by the Sessions Court for the murder of Pawankumar Jain under Section 302 IPC and sentenced to lif...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. The court held that the detaining authority failed to consider the detenu's custody and the delay in passing the order vitiated the subjective satisfaction.

The petitioner, Samad Salim Khan, challenged an order of preventive detention passed by the Commissioner of Police, Mumbai, under Section 3(2) of the ...