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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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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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Bombay High Court Quashed Trial Court’s Order Denying Amendment of Plea in Suit for Pre-emption Rights. Court Held That the Amendment Was Merely Clarificatory and Did Not Change the Nature of the Suit

Constitution of India (COI) – Article 227 – Power of Superintendence of High Court – Court held that interference under Article 227 is justified...

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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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Selection Process of Managing Directors — Challenge to Introduction of Minimum Marks Benchmark — Principle of Non-Arbitrariness Upheld

Constitution of India (COI) — Article 14 — Principle of Equality — Rules of Selection Process Cannot Be Changed Arbitrarily After Commencement �...

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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 ...