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Bombay High Court Upholds Externment Orders Under Maharashtra Police Act — Clarifies Conditions for Section 56(1)(a) and (b) and Requirement of Witness Fear. The court held that each clause has distinct requirements and the authority must apply mind to proportionality and natural justice.

The judgment concerns three criminal writ petitions challenging externment orders passed under Section 56(1)(a) and (b) of the Maharashtra Police Act,...

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Bombay High Court Allows Writ Petitions Challenging Electricity Theft Assessment Orders — Lack of Proper Hearing and Violation of Natural Justice. Assessment under Section 126 of Electricity Act, 2003 set aside due to failure to provide adequate opportunity to the consumer.

The petitioners, Maharashtra State Electricity Distribution Company Ltd., filed two writ petitions challenging assessment orders passed by the Superin...

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Bombay High Court Dismisses Petition Challenging Termination of Probationary Civil Judge. Termination of Probationer Without Hearing Held Permissible Under Rule 5(1) of Maharashtra Judicial Service (Recruitment) Rules, 1956.

The petitioner, Girish Satyanarayan Shukla, was appointed as a Civil Judge, Junior Division and Judicial Magistrate, First Class on 23 October 1992 an...

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Bombay High Court Allows Criminal Writ Petition Challenging Order Dispensing with Accused Statement Under Section 313 CrPC. Trial Court's Order Set Aside as Recording of Accused Statement is Mandatory for Fair Trial.

The petitioner, original complainant, filed a criminal writ petition challenging the order dated 22.7.2015 passed by the learned 2nd Additional Chief ...

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Bombay High Court Dismisses Petition for Revocation of Probate in Testamentary Matter — No Caveat Filed, No Caveatable Interest Shown. Court holds that a person who has not filed a caveat and has no caveatable interest cannot seek revocation of probate under Section 263 of the Indian Succession Act, 1925.

The case pertains to a petition for revocation of probate filed by Radhika Bhargava and others (petitioners) against Arjun Sahgal and others (responde...

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High Court Allows Writ Petition Quashing Municipal Corporation's Promotion Process for Superintending Engineer Posts Due to Non-Compliance with Court Directions and Violation of Service Rules

The High Court allowed a writ petition filed by four Executive Engineers of Municipal Corporation challenging their exclusion from promotion to Superi...