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Bombay High Court Allows Kidney Donation Despite Spousal Objection in Transplantation of Human Organs and Tissues Act Case — Near Relative Donation Does Not Require Authorization Committee Approval. Brother-in-Law Held to Be a Near Relative Under Section 2(i) of the Transplantation of Human Organs and Tissues Act, 1994, and Estranged Spouse Cannot Veto Donation....

The case involves a petition filed by Prasanna Laxmikant Joshi (proposed recipient) and Dinesh Vidyadhar Dixit (proposed donor) challenging an appellate order dated 15 March 2023 that upheld the Regio...

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Bombay High Court Allows Modification of Condition in Land Transfer Permission to Tribal Person — Valuation to Be Based on Ready Reckoner at Date of Application. Section 36-A of Maharashtra Land Revenue Code, 1966 requires market value to be determined as on date of application for prior permission, not as on date of order....

The petitioners, who are non-tribal individuals, sought to purchase agricultural land from Respondent No. 3, a tribal person. In 2010, an agreement was reached, and on 7 July 2012, they applied for pr...

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Bombay High Court Upholds Conviction for Murder and Criminal Trespass in Land Dispute Case. Appellant Convicted Under Sections 302 and 447 IPC for Assaulting Deceased with Stick and Iron Rod Over Ancestral Property....

The appellant, Sudam Pandurang Sabale, was convicted by the Additional Sessions Judge, Jalgaon, for the murder of his uncle Sharad Avadaji Sabale under Section 302 IPC and for criminal trespass under ...

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Bombay High Court Acquits Accused in Criminal Revision for Misappropriation of Compensation Funds — Sanction Under Section 197 CrPC Required for Public Servant. Conviction under Section 409 IPC set aside as prosecution failed to obtain mandatory sanction for acts done in discharge of official duty....

The case involves a criminal revision application filed by Asaram @ Ashok Pandharinath Kale, a former Tenancy Awal Karkoon in the Tahsil Office, Newasa, challenging his conviction under Section 409 of...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Non-Prosecution by Complainant. Legal heirs cannot continue prosecution under Section 138 of Negotiable Instruments Act after complainant's death and acquittal under Section 256 of CrPC....

The judgment pertains to two criminal applications filed by Mukund Wazalwar and Ravindra Bhalerao seeking quashing of criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881. Th...

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High Court of Judicature at Bombay Nagpur Bench Issues Rule in Writ Petition Challenging Recovery of Excess Pay and Retrospective Pay Fixation Orders of a Retired Government Servant. Rule Made Returnable Forthwith and Heard Finally by Consent; Court Examines Natural Justice and Government Resolution Benefits....

The petitioner, Manohar Jairam Sonewane, a retired Deputy Accountant/Sub Treasury Officer (Lower Grade), filed a writ petition under Article 226 of the Constitution of India before the Bombay High Cou...

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Bombay High Court Allows Petition of Disqualified Councillor in Municipal Disqualification Case — Violation of Natural Justice. Denial of Cross-Examination in Disqualification Proceedings Under Section 16(1)(h) and (i) of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 Renders Collector's Order Unsustainable....

The petitioner, Rohan Vishwanath Khedekar, was elected as a councillor of Ward No. 7 of Devgad Jamsande Nagarpanchayat in 2020. Respondent No. 2, Yogesh Prakash Chandoskar, filed a disqualification ap...

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Bombay High Court Allows Transgender Alumnus to Change Name and Gender in Educational Records — Directs TISS to Modify Alumni Application Form for Inclusivity. The Court held that bureaucratic requirements cannot override the right to self-identified gender and inclusiveness as mandated by Supreme Court decisions....

The petitioner, a transgender alumnus of Tata Institute of Social Sciences (TISS), obtained an MA in Development Studies in 2013 under a female name and gender. In 2015, they adopted a new name and se...

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Bombay High Court Upholds Interim Injunction in Patent Infringement Suit — Appellant's Product Falls Within Scope of Respondent's Patent Claims. Court finds that the appellant's product, a fire protection system for electrical transformers, infringes the respondent's patent IN 202302, and the challenge to the patent's validity is not prima facie tenable....

The respondent, CTR Manufacturing Industries Private Limited, filed a suit for patent infringement against the appellant, M/s. Tri-Parulex Fire Protection System, alleging that the appellant's product...

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Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property....

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a suit for declaration of title and possession again...