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Bombay High Court Quashes Preventive Detention Orders in Red Sanders Smuggling Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(1) of COFEPOSA set aside as detaining authority did not consider whether bail conditions or other measures would suffice.

The Bombay High Court allowed two habeas corpus petitions challenging preventive detention orders dated 21 February 2013 issued under Section 3(1) of ...

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Bombay High Court Quashes Chapter Proceedings for Non-Compliance with Mandatory Requirements Under Sections 110(e) and (g) CrPC. Failure to Record Separate Order and Furnish Copy to Accused Renders Proceedings Illegal.

The petitioners, Vijay Purshottam Salvi @ Tambat, Sanjay Govind Naidu, and Shivaji Ravindra Kumbhar, filed three separate criminal writ petitions chal...

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Bombay High Court Allows Writ Petition Challenging Illegal Handcuffing and Public Parading in Chapter Case Arrest. Police Action Violated Article 21 as Handcuffing Without Justification and Public Parading Amounted to Cruel Treatment, Compensation of Rs. 50,000 Awarded.

The petitioner, Shri Kisan @ Kisanchand Tharurmal Wadhawa, a resident of Gandhinagar, Kolhapur, filed a criminal writ petition challenging the action ...

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Bombay High Court Allows Second Set of Interrogatories in Civil Suit — No Bar Under Order 11 Rule 1 CPC. Trial court must consider interrogatories on merits rather than rejecting them solely on the ground that interrogatories were already delivered once.

The petitioner, original plaintiff in Special Civil Suit No.164 of 2006, filed a writ petition under Articles 226 and 227 of the Constitution of India...

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High Court of Bombay Quashes Sanction Order in Disproportionate Assets Case Against IRS Officer — Sanctioning Authority Failed to Apply Independent Mind and Relied on CBI Report Without Proper Application of Mind.

The petitioner, Vivek Batra, an Indian Revenue Service officer, challenged the sanction order dated 09.10.2012 granted by the Union of India for his p...

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Bombay High Court Upholds Compulsory Retirement of Judicial Officer for Lack of Integrity and Efficiency. Rule 10(4)(a)(i) of Maharashtra Civil Services (Pension) Rules, 1982 applied to prematurely retire a District Judge based on adverse entries and overall performance record.

The petitioner, Ashokkumar Hiralal Lohiya, was a judicial officer who joined the judiciary as a Civil Judge, Junior Division in 1978 and was promoted ...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Lower Courts. Plaintiff Failed to Prove Title and Possession Over Suit Shop; Adverse Possession Claim Rejected Under Limitation Act.

The case involves a second appeal filed by the appellant, who is the grand-daughter-in-law of the original plaintiff Gangabai Gilda. The suit property...