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Bombay High Court Allows Writ Petition by Secured Creditor Against Tax Recovery Attachment — Priority of Secured Creditor Over Crown Debts Upheld Under SARFAESI Act. The court held that Section 26E of the SARFAESI Act gives priority to secured creditors over income tax dues, and the attachment order passed after creation of security interest is void....

The petitioner, Edelweiss Asset Reconstruction Co. Ltd., a securitization and asset reconstruction company registered under the SARFAESI Act, 2002, filed a writ petition challenging an attachment orde...

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Bombay High Court Upholds Life Imprisonment for Husband in Murder Case Based on Dying Declarations. Conviction under Section 302 IPC for setting wife on fire after quarrel over daughter's marriage upheld as dying declarations were consistent and reliable....

The appellant, Suresh Babu Giri, was convicted by the Additional Sessions Judge, Aurangabad, for the murder of his wife Bebibai under Section 302 of the Indian Penal Code and sentenced to life impriso...

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High Court of Bombay Bench at Aurangabad Hears Appeal Against Conviction Under Sections 302, 498-A, 504 Indian Penal Code, 1860. Multiple Written and Oral Dying Declarations Consistent on Accused Setting Deceased on Fire After Instigating Kerosene Pouring; Postmortem Confirms 81% Burn Injuries and Septic Shock as Cause of Death....

The appeal arose from a judgment dated 2 July 2014 in Sessions Case No.333 of 2012 by the Additional Sessions Judge, Vaijapur, convicting the appellant for offences under Sections 302, 498-A and 504 o...

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High Court of Karnataka Quashes FIR and Government Order in Admission Irregularity Case — Lack of Sanction Under Section 197 CrPC. Petitioner, a former government employee, alleged to have committed irregularities in student admissions; court held that prior sanction was mandatory as the acts were in discharge of official duty....

The petitioner, Mr. A.L. Jayaramu, a former Assistant Administrative Officer in the Government Unani Medical College, Bengaluru, filed a writ petition under Articles 226 and 227 of the Constitution of...

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Bombay High Court Allows Wife's Maintenance Petition and Husband's Divorce Petition in Matrimonial Dispute. Court Orders DNA Test for Paternity and Grants Visitation Rights to Father....

The judgment arises from three connected criminal writ petitions filed by the wife (Aruna Shukla) and the husband (Omprakash Shukla) and his family members, arising out of matrimonial disputes. The wi...

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Bombay High Court Quashes DV Act Complaint Against Husband and Relatives for Lack of Domestic Relationship. The court held that the minor daughter is not an 'aggrieved person' and the wife has no domestic relationship with certain relatives under the Protection of Women from Domestic Violence Act, 2005....

The applicants, including the husband (Ganesh Rathod), his mother (Panchafulla Rathod), brother-in-law (Chintaman Chauhan), sister-in-law (Varsha Chauhan), their sons (Harish and Aditya), and another ...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Civil Court Order in Suit for Declaration and Injunction — No Jurisdictional Error Found in Rejection of Application Under Order VII Rule 11 CPC....

The petitioners, who are defendants in a civil suit, filed a writ petition under Article 227 of the Constitution challenging an order dated 30th January 2020 passed by the Civil Judge, Senior Division...

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High Court of Bombay at Goa Dismisses Appeal in Succession Matter — Upholds Trial Court's Refusal to Recall Witnesses for Cross-Examination. The Court held that the appellant failed to show sufficient cause for recall and that the trial court's discretion under the Goa Succession Act was not improperly exercised....

The present appeal arises from an order dated 20.11.2019 passed by the Senior Civil Judge, 'A' Court, Bicholim, in Special Inventory Proceeding No.1/2011/A, rejecting the appellant's applications (Exh...

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Bombay High Court Quashes Externment Order for Lack of Live Link Between Offences and Necessity of Externment Under Maharashtra Police Act, 1951. Petitioner's involvement in minor offences did not justify externment as there was no material to show that his presence was harmful to the community or that witnesses were unwilling to depose....

The petitioner, Shailesh Chaganrao Pawar, challenged an externment order passed under Section 56 of the Maharashtra Police Act, 1951. The Assistant Commissioner of Police, Swargate Division, Pune issu...

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Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Failure to Supply In-Camera Statements Violates Natural Justice. Show-Cause Notice Must Disclose Substance of Secret Witness Statements to Enable Effective Reply Under Section 56(1)(a) of Maharashtra Police Act, 1951....

The petitioner, Suyog Gajanan Aundhkar, challenged an externment order passed by the Sub-Divisional Magistrate, Walwa Region, Islampur, under Section 56(1)(a) of the Maharashtra Police Act, 1951, and ...