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Bombay High Court Upholds Conviction in Cheque Bounce Case Due to Failure to Rebut Presumption. Accused's Failure to Enter Witness Box and Lead Evidence Results in Confirmation of Conviction Under Section 138 of Negotiable Instruments Act, 1881....

The case involves a criminal revision application filed by the accused, Amol @ Jolly Shrichand Kungwani, challenging his conviction under Section 138 of the Negotiable Instruments Act, 1881. The compl...

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Bombay High Court Allows Extension Officer's Petition Challenging Disciplinary Penalty — Enquiry Initiated Under Wrong Rules and Charge Sheet by Appellate Authority. The Court held that initiation of proceedings under inapplicable rules and issuance of charge sheet by appellate authority vitiated the enquiry and penalty....

The petitioner, Manojkumar Nemaji Shahare, was appointed as Gram Sevak in 1992 and promoted to Extension Officer, Panchayat in 2007. He was employed with the Zilla Parishad, Nagpur. A disciplinary enq...

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Bombay High Court Allows Second Appeal in Specific Performance Case — Agreement Not Binding on Minor Coparceners. Karta's alienation of joint family property without legal necessity or benefit is not binding on minors; readiness and willingness cannot be considered for first time in appeal without issue framed....

The appellants, original defendants 1 to 5, are members of a joint Hindu family. Respondent 1, Kiran Avachat, filed Special Civil Suit 78/2006 for specific performance of an agreement dated 30.06.2005...

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Bombay High Court Allows Application for Perjury Proceedings Against Respondents in Writ Petition for Filing False Affidavits. Court holds that filing false affidavits amounts to contempt and perjury, and the court can initiate proceedings under Section 340 CrPC without hearing the accused at the preliminary stage....

The judgment pertains to a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973 (CrPC) by the applicant, Satyanarayan Nandkishor Pande, who was Respo...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation of Rs.68,23,000 Upheld. Computation of Loss of Dependency Based on Deceased's Annual Income of Rs.12,00,000 with 50% Future Prospects and Deduction of 1/3rd for Personal Expenses....

The case arises from a motor accident claim petition filed by the widow and son of Shivram Nake, who died in a road accident on 06.09.1995. The deceased was the Vice President (Executive) of IndusInd ...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Evidence on Income. Claimant failed to prove permanent disability and loss of earning capacity, leading to reduction of award from Rs. 1,23,000 to Rs. 80,000 with interest at 6% p.a....

The case involves a motor accident claim under Section 166 of the Motor Vehicles Act, 1988. The claimant, Parvez Framroz Billimoria, was injured on 17 August 1987 when a lorry (MTT1890) hit his scoote...

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Bombay High Court Dismisses Appeal for Specific Performance of Share Sale Agreement — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. MOU for Sale of Shares Held Not Enforceable as Plaintiff Did Not Show Financial Capacity to Pay Balance Consideration Within Stipulated Time....

The appellants, plaintiffs in the suit, filed an appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment of the trial Court dated 20/09/2013 dismissing their suit for specif...

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Bombay High Court Dismisses State Appeal Against Acquittal in Rape Case Due to Inconsistent Evidence and Delay in FIR. Conviction under Sections 376 and 342 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The State of Maharashtra filed an appeal under Section 378(1) of the Code of Criminal Procedure, 1973, against the judgment of acquittal dated 24 July 1997 passed by the 2nd Additional Sessions Judge,...

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Bombay High Court Dismisses Application for Perjury Proceedings Under Section 340 CrPC Against Respondents in Property Dispute — No Prima Facie Case of Forgery or False Evidence Established. The Court Held That Before Initiating Proceedings Under Section 340 CrPC, the Accused Must Be Heard, and the Applicant Failed to Prove Intentional Falsehood....

The judgment pertains to a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973 (CrPC) by Satyanarayan Nandkishor Pande (the applicant), who was Resp...

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Bombay High Court Dismisses Application for Perjury Proceedings in Property Dispute — No Prima Facie Case of False Evidence Established Under Section 340 CrPC. Court Hears Accused on Preliminary Issue and Finds Allegations Unsubstantiated....

The judgment concerns a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973, by Satyanarayan Nandkishore Pande (the applicant) against Vinay Jagdish...