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Regular Bail Granted — Long Incarceration and Right to Speedy Trial Considered — No Possibility of Early Trial — Allegations of Extortion and Criminal Intimidation — Bail is the Rule, Jail is the Exception — Bombay High Court

The Bombay High Court granted regular bail to Mohammad Khalid Mukhtar Ahmed Shaikh (Accused No.1) due to prolonged incarceration of 4 years, 4 months,...

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Supreme Court Allows Insurance Claim for Truck Damaged by Fire, Sets Aside National Commission’s Order. Court Holds National Permit Valid for Insurance Claim Despite Non-Payment of Authorization Fee for Interstate Movement.

Insurance Claim – The appellant, owner of a truck, filed an insurance claim after the vehicle caught fire due to a short circuit during the policy ...

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High Court of Judicature at Bombay Directed Demolition of Unauthorized Construction by Respondent No. 2. Upholding the Rule of Law — Court Ordered Baramati Municipal Council to Act Against Illegal Construction

Constitution of India, 1950 — Article 226 — Writ Petition Maintainable — Civil Jurisdiction Not Barred — Unauthorized Construction — Demolit...

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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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Earnest Money Forfeiture – Contractual Obligations – One-Sided Agreements – Consumer Protection

Forfeiture Clause – Valid But Limited to 10% of BSP – Contractual forfeiture of 20% BSP was excessive – Courts can interfere with unfair and one...

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Right of workman to engage an advocate as a defence representative in domestic enquiry — Industrial Court’s interim order allowing appointment of an advocate set aside — Absence of legally trained mind on the employer’s side — Principles of natural justice upheld.

The Bombay High Court set aside the Industrial Court’s order, holding that mere experience in handling domestic enquiries does not constitute a lega...

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Quashing of criminal proceedings – No violation of Drugs and Cosmetics Act, 1940 – Magistrate’s summoning order lacked reasons.

Code of Criminal Procedure, 1973 – Section 482 Quashing of Criminal Proceedings – High Court dismissed the petition under Section 482 of the Code ...

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SUMMONING ORDER MUST REFLECT APPLICATION OF JUDICIAL MIND. Summoning an accused is a serious matter – Magistrate must assign reasons – Non-speaking summoning order quashed

Acts & Sections Discussed: Code of Criminal Procedure, 1973 (CrPC) – Section 482, Section 468(2), Section 202 Drugs & Cosmetics Act, 194...

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National Consumer Disputes Redressal Commission Allows Consumer Complaint Against Builder for Delayed Possession and Failure to Obtain Occupation Certificate -- Opp. Parties Project Found Deficient in Service Under Consumer Protection Act

The National Consumer Disputes Redressal Commission disposed of two consumer complaints filed by complainants against Opp. Parties. The Complainants h...