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Bombay High Court Quashes Disciplinary Order Against Clerk for Destruction of Court File - Interpolation of Order and Lack of Causal Link Found. The court held that the disciplinary authority's finding of guilt was not sustainable as the order to call record and proceedings was interpolated and the destruction was not directly caused by the petitioner's omission....

The petitioner, a Junior Clerk in the District Court, Osmanabad, challenged the disciplinary order dated 23.04.2001 whereby he was held guilty in a departmental inquiry and his one increment was perma...

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Bombay High Court Quashes FIR in Abetment of Suicide Case — No Proximate Link Between Alleged Acts and Suicide. Allegations of harassment for dowry and demand for separate residence did not constitute abetment under Section 306 IPC as there was no direct or proximate nexus with the deceased's suicide....

The petitioner, Gulab s/o Yohan Pandit, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court (Bench at Aurangabad) seeking quashment of F...

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Bombay High Court Dismisses Appeal by Husband and Parents-in-Law Convicted for Dowry Death and Murder. Conviction Under Sections 302, 304B, 498A IPC and Dowry Prohibition Act Upheld for Causing Death by Throttling....

The appeal before the Bombay High Court challenged the conviction of the husband and his parents for dowry death, murder, cruelty, and offences under the Dowry Prohibition Act. The deceased, Mukta, ma...

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Bombay High Court Upholds Murder Conviction in Pepsi Refusal Case — Life Imprisonment Confirmed. Stone Attack on Unarmed Vendor Constitutes Murder Under Section 302 IPC as Intention to Cause Death Inferred from Repeated Blows on Vital Parts....

The appellant, Balaji Kishan Nagarwad, was convicted by the Additional Sessions Judge, Udgir, for the murder of Tukaram under Section 302 IPC and sentenced to life imprisonment. The incident occurred ...

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Bombay High Court Allows Wife to File Counterclaim for Restitution of Conjugal Rights and Reliefs Under Domestic Violence Act in Pending Divorce Proceeding — Limitation Under Order VIII Rule 6A CPC Not Applicable to Counterclaim Under Section 23A of Hindu Marriage Act, 1955...

The petitioner, Ruchi Gour, wife of Bhanupratapsingh Gour, filed a writ petition challenging an order dated 27-07-2016 passed by the Family Court, Nagpur, which rejected her application (Exhibit-44) s...

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Bombay High Court Dismisses Appeal in POCSO Case — DNA Evidence Conclusive Despite Hostile Victim. Conviction Under Section 376(2)(i)(n) IPC and POCSO Act Upheld as DNA Report Proved Appellant as Biological Father of Aborted Fetus of Mentally Retarded Minor....

The appellant, Shaktiman Sondawale, was convicted by the Additional Sessions Judge, Nagpur, for offences under Section 376(2)(i)(n) IPC and Sections 5(i)(ii)(I)/6 of the Protection of Children from Se...

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High Court of Bombay at Goa Quashes Order Allowing Additional Evidence in Criminal Appeal Under Section 482 CrPC — Failure to Satisfy Conditions of Order XLI Rule 27 CPC. Appellate Court Must Record Due Diligence and Necessity Before Permitting Additional Documents....

The petitioners, Smt. Theresa D'Souza and Smt. Thelma D'Souza, filed a criminal writ petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 19...

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Bombay High Court Dismisses Wife's Application to Stay UK Divorce Proceedings and Grant Anti-Suit Injunction. Court holds that Indian courts cannot restrain a party from pursuing divorce proceedings in a foreign court where the respondent is domiciled and the marriage was not consummated in India....

The plaintiff wife filed a Notice of Motion seeking an ex-parte ad-interim order to stay divorce proceedings initiated by the defendant husband in the Family Court, Manchester, UK, and an injunction r...

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Bombay High Court Upholds Life Conviction for Murder in Business Dispute — Hammer and Knife Attack Constitutes Murder Under Section 302 IPC. Altercation over unpaid dues does not reduce culpability to culpable homicide as the attack was premeditated and not a sudden quarrel without premeditation....

The appellant, Umesh Kishore Garodia, was convicted under Section 302 of the Indian Penal Code for the murder of Pradip Modi, a business associate. The incident occurred on 14 October 2008 between 3:0...