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Bombay High Court Allows Bail to Developer in Consumer Execution Proceedings for Non-Compliance of Refund Order. Held that Section 27 of Consumer Protection Act, 1986 is penal in nature and bail should be granted liberally unless there is likelihood of abscondence or tampering with evidence....

The petitioner, Suhas Ratnakar Morey, a developer, was involved in a consumer dispute with the respondent, Dhanraj Tulshiram Khaparde, who had paid Rs.55 lakhs for three plots. The State Consumer Disp...

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Bombay High Court Allows Appeal in Service Termination Case — Reinstatement with Back Wages Upheld. College Tribunal's order setting aside termination of lecturer for lack of approval from University and Education Officer was valid under Maharashtra Universities Act, 1994....

The appellant, Mahadeorao Ramchandra Khadatkar, was appointed as a lecturer in economics at Dr. Punjabrao Deshmukh Arts and Commerce (Evening) College, Nagpur, run by respondent No.1-Society, with eff...

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Bombay High Court Dismisses Writ Petitions Against Mamlatdar's Order in Land Dispute Under Goa Mamlatdar's Court Act, 1966. Concurrent findings of possession and title by Mamlatdar and Additional District Magistrate upheld as no perversity or error of law found....

The judgment pertains to two writ petitions filed by the original defendants in a suit/application under the Goa, Daman and Diu Mamlatdar's Court Act, 1966. The dispute involves agricultural land in B...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Despite Missing Ticket. The court held that the deceased was a bona fide passenger based on companion testimony and circumstances, and the death due to falling from an overcrowded train was an untoward incident under Section 124A of the Railways Act, 1989....

The appellants, widow and son of deceased Lakha Jadhav Sarvaiya, filed an appeal against the dismissal of their claim application by the Railway Claims Tribunal, Mumbai Bench. The deceased, along with...

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Bombay High Court Adjudicates Criminal Appeal Against Conviction for Kidnapping, Rape, and Murder of Minor Girl Under Sections 364, 376(2)(f), and 302 of Indian Penal Code, 1860. Appeal Challenges Reliability of DNA Evidence and Last Seen Circumstances in Establishing Guilt....

The appeal arose from a conviction by the Sessions Court for kidnapping, rape, and murder of a minor girl. The prosecution case was that a missing report was lodged on 06.06.2010 by the mother of the ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Attempt to Murder Case Due to Inconsistent Evidence. Acquittal of Accused Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Section 307 IPC....

The State of Maharashtra appealed against the judgment and order of the learned Sessions Judge, Raigad Alibag dated 26 November 2002 in Sessions Case No.41 of 2000, whereby the respondents (accused) w...

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Bombay High Court Dismisses State Appeal Against Acquittal in Attempt to Murder Case Due to Material Contradictions and Doubtful Identification. The prosecution failed to prove the guilt of the accused beyond reasonable doubt, and the trial court's findings were not perverse....

The State of Maharashtra appealed against the judgment of the learned Adhoc Additional Sessions Judge, Pune, dated 20 December 2002 in Sessions Case No.192 of 2001, acquitting the respondents (origina...

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Bombay High Court Dismisses State's Appeal Against Acquittal in Murder Case Due to Unreliable Sole Eyewitness. Acquittal of Accused Under Section 302 IPC Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The State of Maharashtra appealed against the judgment and order dated 11th January 2001 passed by the learned Additional Sessions Judge, Ratnagiri in Sessions Case No.18 of 1995, acquitting the accus...

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Bombay High Court Upholds Acquittal in Dowry Death Case Due to Lack of Evidence of Demand for Dowry Soon Before Death. The presumption under Section 113B of the Indian Evidence Act, 1872 was not attracted as the alleged cruelty occurred about two years prior to death, and there was no evidence of any demand or cruelty soon before death....

The State of Maharashtra appealed against the judgment and order dated 30th August 2003 passed by the Sessions Court, Satara in Sessions Case No. 30 of 2003, which acquitted the respondents (original ...