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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Mandatory Provisions. Failure to Record Reasons for Search and Inform Accused of Right to be Searched Before Gazetted Officer Renders Conviction Unsustainable.

The appellants, Prabhakar Dhondiram Waghchaure (original accused No.1) and Ravindra Machhindra Mhamane (original accused No.2), were convicted by the ...

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Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind — Detenu's Retracted Statement Not Considered. Preventive Detention Order Under Section 3(1) of COFEPOSA Set Aside as Detaining Authority Failed to Consider Retraction of Confession.

The petitioner, wife of the detenu Iqbal Yusuf Suleman, challenged the detention order dated 20.4.2004 passed by the detaining authority under Section...

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Bombay High Court Quashes Suspension of Pilot License for Violation of Natural Justice — DGCA Order Set Aside for Non-Compliance with Section 19(b) Sub-Rule (3) of Aircraft Rules, 1937. License Suspension Without Prior Hearing and Without Recording Reasons Held Illegal.

The petitioner, Saurabh P. Lokhande, was issued a Commercial Pilot License by the Republic of Philippines in November 2007. He subsequently applied fo...

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Bombay High Court Holds Husband Guilty of Contempt for Wilful Disobedience of Maintenance Order. Non-compliance with Family Court's maintenance order for over two years despite notice of contempt petition amounts to wilful disobedience under the Contempt of Courts Act, 1971.

The contempt petition was filed by the wife, Amita B Devnani, against her husband Bhagwan H Devnani and others, alleging wilful disobedience of an ord...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Non-Application of Mind and Unexplained Delay. Detenu's Exoneration in Adjudication Proceedings Not Considered by Detaining Authority, Rendering Order Invalid Under Section 3(1) of COFEPOSA Act, 1974.

The petitioner, brother of the detenu Bherchand Tikaji Bora, challenged an order of detention dated 27th August 1998 passed under Section 3(1) of the ...