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Bombay High Court Quashed the Commercial Court’s Order for Failing to Exercise Jurisdiction Under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC)

The matter was remitted to the Commercial Court for a fresh decision on the appellant’s application seeking judgment on admissions. The High Court ...

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Quashing of Show Cause Notice issued by the Director General of Foreign Trade under the Foreign Trade (Development and Regulation) Act, 1992 – Applicability of Policy Circular and Doctrine of Res Judicata – Prospective and Retrospective Clarification of Foreign Trade Policy, 2004–2009

The High Court of Bombay quashed and set aside the Impugned SCN, holding that it was barred by the doctrine of res judicata and constituted an arbitra...

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Bail Granted Considering Reformative Approach in Light of Applicant’s Young Age Despite Serious Allegations

High Court of Judicature at Bombay emphasized the reformative theory of punishment while granting bail to the accused involved in serious offences und...

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Long Incarceration and Right to Speedy Trial – Bail Granted. High Court of Judicature at Bombay emphasized the fundamental right to speedy trial under Article 21 of the Constitution of India, granting bail due to prolonged incarceration.

The Court acknowledged the Applicant’s long incarceration and the fundamental right to speedy justice. It noted that the case was based on circumsta...

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High Court of Judicature at Bombay — Proxy Litigation Dismissed; License Cancellation Upheld Following Relinquishment of Tenancy Rights

The Court held that the Deed of Release dated 10th December 2015 clearly established relinquishment of tenancy rights. No new tenancy agreement o...

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Validity of Mid-Term Police Transfers Pursuant to Election Commission Directives. Bombay High Court upheld the mid-term transfers of police personnel — Directive-based transfers do not amount to deemed deputation — Public interest and administrative exigencies justified the action.

The Bombay High Court upheld the State’s authority to issue the transfers — Rejected the concept of deemed deputation — Found the transfers were...

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National Highway Authority’s Failure to Compensate for Additional Land Acquisition Deemed Unlawful – Bombay High Court. 

Land Acquisition – Compensation – Constitutional Safeguards for Private Property Rights The High Court held that the additional land was indeed t...

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Bombay High Court upheld the detention order against the Petitioner under the Maharashtra Prevention of Dangerous Activities Act, 1981, dismissing claims of non-placement of complete bail order before the detaining authority.

The Court held that non-placement of the entire bail order did not vitiate the subjective satisfaction of the detaining authority since the reasoning ...

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Delegation of Transport Permits Upheld. Supreme Court validates repeal of the Karnataka Contract Carriages (Acquisition) Act, 1976 and upholds the delegation of permit-granting powers to the Secretary, STA.

Validity of the 2003 Repeal Act – Upheld. The Supreme Court ruled that the Karnataka Legislature had full competence to repeal the 1976 Act without ...

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Supreme Court Acquits Accused Due to Doubtful Arrest and Lack of Identification. Manner of Arrest and Identification Found Unreliable – Conviction Set Aside – Appellants Acquitted.

Constitution of India, 1950 – Article 136 – Code of Criminal Procedure, 1973 – Section 313 – Indian Penal Code, 1860 – Sections 392, 397, 41...