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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. Detenu's Past Conduct and Single Incident Insufficient to Justify Preventive Detention Under Section 3(1) of Maharashtra Prevention of Dangerous Activities Act, 1981.

The petitioner, Chandrakala w/o Ramlal Jadhav, challenged the detention order dated 07.12.2020 passed by the District Collector, Jalna (respondent No....

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Leave to Sue Under Section 92 CPC for Public Trust Dispute. Section 52 of Maharashtra Public Trust Act Bars Application of Sections 92 and 93 CPC to Public Trusts.

The petitioners, members of Mahad Taluka Maratha Seva Sangh, a trust registered under the Maharashtra Public Trust Act, 1950 and the Societies Registr...

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Bombay High Court Holds Service of Writ of Summons Without Copy of Plaint Invalid in Commercial Suits Under Commercial Courts Act, 2015 — Time for Filing Written Statement Does Not Run Until Proper Service Effected.

The judgment addresses an interim application by the defendant, Metso India Pvt Ltd, in a commercial suit filed by Atlanta Limited. The core issue was...

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Bombay High Court Allows Appeal in Murder Case, Reduces Conviction from Section 302 IPC to Section 304 Part I IPC Due to Sudden Quarrel. Accused Acquitted of Murder but Convicted for Culpable Homicide Not Amounting to Murder, Sentenced to Period Already Undergone.

The appellant, Sakharam Raoji Dharap, was convicted by the Additional Sessions Judge, Mangaon, District Raigad in Sessions Case No.17 of 2010 for the ...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Material to Show Public Order Threat — Single Crime and In-Camera Statements Insufficient to Sustain Detention as 'Dangerous Person'.

The petitioner, Vicky Satyawan Chavan @ Barkya, challenged a preventive detention order dated 08/07/2019 passed by the Commissioner of Police, Mumbai,...