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Bombay High Court Holds Convictions Unsustainable in POCSO and IPC Case Due to Failure to Prove Victim Was a Child and Absence of Evidence of Lack of Consent. School Leaving Certificate Procured After Incident and Not Based on Birth Certificate Had No Evidentiary Value Under Section 2(d) of POCSO Act, 2012....

This was a criminal appeal before the Bombay High Court against conviction recorded by the Special Judge, POCSO Court, Pune in POCSO Special Case No.489 of 2016. The appellant was convicted under Sect...

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High Court of Judicature at Bombay Upholds State's Recovery of Excess Pay from Retired Employee Dismissing Writ Petition. Undertaking Furnished by Employee Prior to Retirement to Repay Inadvertently Paid Excess Amount Binds Him, Excluding Rafiq Masih Protection; Recovery of Rs.1,95,048 from Retiral Benefits Upheld....

The writ petition arose from the recovery of excess pay from a retired graded headmaster in Maharashtra. The petitioner had joined service on 14.03.1984 and retired on 31.05.2018 as a graded headmaste...

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High Court of Karnataka Allows Revision Petition in Suit for Declaration and Injunction — Order 7 Rule 11(d) CPC Application Rejected as Plaint Discloses Cause of Action. The Court held that the plaint cannot be rejected under Order 7 Rule 11(d) CPC if it discloses a cause of action, even if the claim may be weak or unlikely to succeed....

The present Civil Revision Petition was filed by the defendant No.4 in O.S.No.238/2017, a suit for declaration and perpetual injunction instituted by the plaintiffs (respondents No.1 to 3) in the Cour...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Eye Witness and Lack of Evidence. Conviction under Section 302 IPC set aside as sole eye witness was found to be planted and not credible....

The appellants, Waghya alias Manoj Bhaiyalal Uke and Sandip s/o Bhaiyalal Uke, were convicted by the Sessions Judge, Wardha, for the murder of Pintu under Section 302 read with Section 34 IPC and sent...

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Bombay High Court Quashes Acquisition Order Under MHADA Act Due to Non-Compliance and Delay. Land Acquisition Proposal Sanctioned in 2006 Set Aside as Authority Failed to Complete Acquisition Within Reasonable Period, Rendering the Order Unenforceable....

The petitioners, H.I.M.S. Botawala Charities (a public charitable trust) and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an o...