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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction for Rape and Sexual Assault Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Eknath Pandurang Koli, was convicted by the learned Sessions Judge, Amalner, in Special Case No. 26 of 2014 for offences under Sections 376(2)(n), 342, 506 of the Indian Penal Code, 186...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Cases Due to Non-Compliance with Mandatory Pre-Issuance Notice Requirement Under Section 138 of Negotiable Instruments Act, 1881. The court held that failure to issue a valid demand notice before filing a complaint under Section 138 renders the complaint invalid and proceedings are liable to be quashed....

The petitioner, Santosh Steel Traders, through its proprietor Satish Rathi, filed two criminal writ petitions challenging the orders dated 07.03.2019 passed in S.C.C. Nos. 321/2016 and 322/2016 by the...

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Bombay High Court Allows Appeal Against Ex Parte Appointment of Guardian Under Guardian and Wards Act, 1890 — Natural Father Not Heard Before Removal. Family Court Has Exclusive Jurisdiction Over Guardianship Matters Under Family Courts Act, 1984, and Mere Murder Charge Without Conviction Does Not Disqualify Father Under Mohammedan Law....

The appellant, Mohd. Azeemoddin, challenged the order dated 02.09.2016 passed by the learned Adhoc District Judge-3, Aurangabad, in M.A.R.J.I. No.160/2016, which appointed the respondent No.2 (the aun...

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High Court of Karnataka Dismisses Insurance Company's Appeal and Allows Cross-Objection for Enhanced Compensation in Motor Accident Claim — Negligence of Driver Proved, No Contributory Negligence by Deceased, and Claimants Entitled to Higher Compensation Under Motor Vehicles Act, 1988....

The case arises from a motor accident that occurred on 18.06.2015 at about 9.30 p.m. near Jafarwadi village, Belagavi. The deceased, one Manjunath, was riding a bicycle when a car bearing registration...

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Karnataka High Court Refers Questions on Applicability of Payment of Gratuity Act to Temples to Full Bench. Division Bench Finds Arguable Questions Whether Temple is 'Commercial Establishment' Under Karnataka Shops Act and Whether Prior Precedent on Temple Employee's Gratuity is Correct....

The dispute arose when a former employee of Shri Mookambika Temple, Kollur, claimed gratuity under the Payment of Gratuity Act, 1972 after his superannuation. The temple resisted, asserting that the A...

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Bombay High Court Upholds Constitutional Validity of Tenancy Provisions in Maharashtra Tenancy Act. Maximum Rent and Purchase Price Fixation Not Arbitrary Under Articles 14 and 21....

The petitioners, a trust and its trustees, challenged the constitutional validity of Sections 11 and 15 of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (the Tenancy Act)....

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Bombay High Court Allows Tenants' Petition Against Demolition of Building Without Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888. The court held that principles of natural justice require that occupiers be given an opportunity of being heard before demolition of a dangerous building under Section 354 of the MMC Act....

The petitioners, tenants of a building known as 'Omar Manzil' in Santacruz (East), Mumbai, and their welfare association, filed a writ petition challenging the proposed demolition of the building by t...

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Bombay High Court Quashes Criminal Proceedings Against Headmaster in SC/ST Atrocity Case — Allegations of Sexual Harassment and Caste-Based Insults Found to Be Misuse of Law. Court Held That Absence of Intent to Humiliate on Ground of Caste and Lack of Sexual Overtures Renders FIR Unsustainable Under Sections 354-A, 504 IPC and SC/ST Act....

The applicant, Bharat Murlidhar Satpute, was the Headmaster of Zilla Parishad High School at Bhada, Latur. The first informant, Sangita Baburao Andhorikar, was an Assistant Teacher in the same school....