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Bombay High Court Dismisses Employee's Petition Challenging Dismissal for Rash Driving Causing Fatal Accident. Concurrent Findings of Misconduct Upheld Under Article 227 as Not Perverse....

The petitioner, Ashok Bapu Kamble, was employed as a driver with the Maharashtra State Road Transport Corporation (respondent) since 2011 with an unblemished record. On 4 December 2016, while driving ...

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Bombay High Court Orders Return of Seized Goods Under Section 110(2) of Customs Act, 1962 Due to Failure to Issue Show Cause Notice Within One Year. The court held that seizure becomes illegal if no notice under Section 124(a) is issued within one year, and extension orders passed after expiry of one year are invalid....

The petitioner, M/s. AM Prototyping Labs Pvt. Ltd., imported a Flashforge WaxJet 400 3D Prototyping Machine along with accessories, valued at Rs.26,44,541/-, under Bill of Entry No.9579795 dated 16 Ju...

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Bombay High Court Dismisses State Appeal Against Acquittal of Doctor in Bribery Case. Prosecution Failed to Prove Demand and Acceptance of Bribe Beyond Reasonable Doubt Under Sections 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988....

The State of Maharashtra appealed against the judgment dated 31st January 2012 of the Special Judge, Pune, acquitting Dr. Anil Kacharu Shinde, a medical officer, of charges under Sections 7, 13(1)(d) ...

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Bombay High Court Dismisses Appeal Against BMC Dispensary Construction on Municipal Land — No Prima Facie Title or Possession Established by Plaintiff. Suit property claimed by plaintiff was part of a larger municipal plot; plaintiff failed to show exclusive title or possession, and BMC's construction for public dispensary was held to be in public interest....

The appellant, Dhanista Builders and Developers, a proprietary firm of Devdas Bhujang Rao, filed an appeal against an order of the City Civil Court, Greater Bombay, dismissing its notice of motion for...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 4 of POCSO Act and Section 376 IPC set aside as medical evidence did not support rape and prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Sunil Sable, was convicted by the Special Judge under POCSO Act, Dhule, for offences under Section 4 of the POCSO Act and Sections 376(1)(2)(i), 341, 506 IPC. The prosecution alleged th...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Dying Declaration. Dying declaration recorded without medical certification of mental fitness held inadmissible under Section 32 of Indian Evidence Act, 1872....

The case pertains to an appeal against conviction under Section 302 read with Section 34 IPC for the murder of deceased Ajmeri by burning. The prosecution case was based on a dying declaration (Exh.28...

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Bombay High Court Acquits Five Accused in Murder Case Due to Unreliable Dying Declaration. Dying declaration recorded without doctor's certification of fitness and without magistrate's certification, held not trustworthy to base conviction under Section 302 IPC....

The case pertains to an appeal against conviction under Section 302 read with Section 34 IPC. The prosecution case was based on a dying declaration (Exh.28) given by the deceased Ajmeri, who alleged t...

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Bombay High Court Acquits Appellants in Murder Case Based on Circumstantial Evidence — Failure to Prove Chain of Circumstances Beyond Reasonable Doubt. Conviction under Section 302 read with Section 34 IPC set aside as prosecution failed to establish last seen theory and motive....

The appeal arises from the judgment and order of conviction passed by the learned Additional Sessions Judge, Dhule in Sessions Case No. 27 of 2016, convicting the appellants Barku Baburao Kolape and R...

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Bombay High Court Acquits Appellants in Murder Case Based on Circumstantial Evidence — Failure to Prove Chain of Circumstances. Conviction under Section 302 read with Section 34 IPC set aside as prosecution failed to establish last seen, motive, and recovery of weapon....

The appellants, Barku Baburao Kolape and Ranjana Vijay Sardar, were convicted by the learned Additional Sessions Judge, Dhule in Sessions Case No. 27 of 2016 for the murder of an unknown male under Se...