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Bombay High Court Dismisses Appeal of Accused No.2 in Gang Rape Case Under Section 376(G) IPC — Conviction Upheld Based on Credible Testimony of Prosecutrix and Corroborating Medical Evidence. The court found the prosecutrix's evidence trustworthy and the medical report consistent with the allegation of gang rape....

The case arises from an incident on 22 July 1997, where the prosecutrix, a resident of Wadachiwadi, went to village Chikhali to offer Naivedya to Goddess Mariai-Laxmi. After offering, she was waiting ...

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High Court Directs Revisional Authority to Consider Revision Petition Within Six Weeks in Site Allotment Cancellation Case. Mandamus issued under Articles 226 and 227 of the Constitution of India for consideration of revision petition under Section 63 of Karnataka Urban Development Authorities Act, 1987....

The petitioner, Mr. N. Harish, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petitioner sought a direction in the n...

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Bombay High Court Dismisses Defamation Complaint for Statements Made in Quasi-Judicial Proceeding — Absolute Privilege Protects Statements Made Before Sub-Divisional Officer. Statements made during a quasi-judicial proceeding are absolutely privileged and cannot constitute defamation under Sections 499, 500, 501 IPC....

The applicants, Maroti and Ramesh Chandankhede, filed a criminal complaint against the non-applicants, Ramkrushna Dhole and his sons, alleging defamation under Sections 499, 500, and 501 of the Indian...

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Bombay High Court Allows Public Interest Litigation Seeking Declaration That Governor Must Act on Council of Ministers' Advice for Legislative Council Nominations. Article 171(5) Nomination Power Held to Be Non-Discretionary and Governor Bound by Aid and Advice of Council of Ministers....

The Bombay High Court, in this public interest litigation, examined the constitutional powers of the Governor to nominate members to the Maharashtra Legislative Council under Article 171(5) of the Con...

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Bombay High Court Dismisses Bail Appeal in NIA Case Under UAPA and Explosives Substances Act — Appellant Alleged Co-Conspirator in ISIL Terror Plot. Court Held That Prima Facie Case of Conspiracy and Recovery of Incriminating Material From Appellant's House Attracted Bar Under Section 43D(5) of UAPA, Precluding Grant of Bail....

The appellant, Iqbal Ahmed Kabir Ahmed, was accused No. 3 in a case registered by the National Investigation Agency (NIA) for offences under the Indian Penal Code, the Unlawful Activities (Prevention)...

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Bombay High Court Allows Appointment of Arbitrator in Arbitration Petition Under Section 11 of the Arbitration and Conciliation Act, 1996 — Dispute Arising from Work Contract for Construction of Canal. Clause 30.1 of General Conditions Constitutes an Arbitration Agreement and Disputes Are Not Excepted Matters....

The petitioner, M/s F.A. Enterprise, a registered partnership firm, filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator t...

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Bombay High Court Quashes Second Departmental Enquiry Against RPF ASI for Same Misconduct — Double Jeopardy Principle Under Article 20(2) of Constitution and Rule 219.4(b) of Railway Protection Force Rules, 1987 Bars Re-prosecution After Final Punishment...

The petitioner, Ramrao Maroti Shinde, an Assistant Sub-Inspector in the Railway Protection Force (RPF), was subjected to a departmental enquiry in May 2019 for allegedly forging travelling entries to ...

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Bombay High Court Dismisses Widow's Claim for Freedom Fighter Pension Under Swatantrya Sainik Sanman Pension Scheme Due to Lack of Evidence. The court held that the petitioner failed to prove her husband's participation in the Hyderabad Liberation Movement, and thus the claim for pension was rightly rejected....

The petitioner, Smt. Rukhminbai wd/o Asaram Kale, filed a writ petition before the Bombay High Court at Aurangabad seeking a direction to the respondents to grant her pension under the Swatantrya Sain...

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Bombay High Court Quashes MCOCA Approval Against Accused in Murder Case — Lack of Material to Show Organized Crime Syndicate. Approval under Section 23(1)(a) of MCOC Act set aside as the FIR and investigation did not disclose the existence of an organized crime syndicate or continuing unlawful activity as defined under the Act....

The petitioner, Balasaheb Barku Kolhe, challenged an order dated 6th May 2021 passed by the Commissioner of Police, Nashik City, granting approval under Section 23(1)(a) of the Maharashtra Control of ...