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Bombay High Court Dismisses Habeas Corpus Petition and Quashes FIR in Matrimonial Dispute. Court holds that a married woman living with her parents voluntarily cannot be the subject of habeas corpus, and that the husband's FIR for kidnapping and impersonation was an abuse of process.

The judgment involves two connected writ petitions. The first petition (Criminal Writ Petition No.2757 of 2004) was filed by Iftekar Usman Shaikh unde...

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Bombay High Court Quashes Summons in Cheating Case for Lack of Territorial Jurisdiction and Non-Disclosure of Offence. The court held that the Magistrate at Indore had no jurisdiction as no cause of action arose there, and the complaint did not disclose any offence under Sections 420 or 406 IPC.

The petitioners challenged the summons issued by the Additional Chief Judicial Magistrate at Indore under Sections 420 or 406 read with Section 120-B ...

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Bombay High Court Allows Petition Challenging MHADA's Action in Lease Dispute — No Breach of Lease Conditions Found. Transfer of Leasehold Interest for Development of Drama Theatre and Commercial Wing Permitted Under Lease Deed Clause 2(i) Exception.

The petitioners, Prabhudas Virchand Lotia and another, filed a writ petition challenging the actions of the Maharashtra Housing and Area Development A...

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Bombay High Court at Goa Allows Second Appeal in Consent Decree Challenge — Separate Suit to Set Aside Consent Decree on Ground of Illegality Not Maintainable. Order XXIII Rule 3A CPC Bars Such Suit; Appellate Court's Judgment Set Aside as Perverse.

The dispute originated from a suit for eviction (R.C.S. No.62/78) between the parties, who are relatives, concerning a structure/taverna in Survey No....

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Singapore Seller Against Indian Buyer. Rejects Objections Based on Conflicting Jurisdiction Clauses and Public Policy Under Section 48 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Louis Dreyfus Commodities Asia Pte Ltd., a Singapore-based company, filed a petition under Sections 47 and 48 of the Arbitration ...

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Bombay High Court Quashes Criminal Proceedings in Family Loan Dispute — Dispute Essentially Civil, Not Criminal. Failure to Repay Loan and Dishonour of Cheques Do Not Attract Offences Under Sections 409 and 420 IPC When No Deception at Inception.

The petitioners, who are the original accused, filed a criminal writ petition under Article 226 of the Constitution read with Section 482 of the Code ...

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Bombay High Court Dismisses Writ Petition Challenging Revisional Order in Criminal Complaint Alleging False Revenue Entry. Court upholds issuance of process against accused for offences under IPC sections 166, 192, 199, 466 r/w 109 based on prima facie evidence of collusion with revenue officials.

The petitioner, original accused no.5 in Criminal Case No.259/1986 pending before the Judicial Magistrate First Class, Sangamner, challenged the order...