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Bombay High Court Allows Petition Challenging Caste Certificate Invalidation — Documents Prevail Over Affinity Test in Halba Scheduled Tribe Claim. Oldest documents from 1949 consistently record caste as Halba/Halbi, and Scrutiny Committee's reliance on affinity test without disbelieving documents is unsustainable....

The petitioner, Vijay Ramrao Dhakite, a lecturer at Nagar Parishad Polytechnic Institute, Achalpur, challenged the order of the Scheduled Tribes Caste Certificate Scrutiny Committee, Amravati, dated 1...

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Bombay High Court Acquits Public Servant in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as sole trap witness was interested and testimony suffered from material contradictions....

The appellant, Dattatraya Bhagwan Omase, a public servant working as a Junior Engineer with the Maharashtra State Electricity Distribution Company Limited (MSEDCL), was convicted by the Special Judge,...

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Bombay High Court Dismisses Petition to Restrain Encashment of Bank Guarantees in Arbitration Dispute — No Case of Fraud or Irreparable Injury Established. Court held that bank guarantees are independent contracts and injunction can only be granted in exceptional circumstances of fraud or special equity, which were not made out....

The petitioner, Felguera Gruas India Pvt. Ltd. (FGIPL), filed six arbitration petitions under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim injunction against the encashment...

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Bombay High Court Allows Writ Petition Challenging Vacation of Interim Injunction in Tenancy Dispute. Possession Delivered Under Tenancy Act in 1968 Held to Confer Prima Facie Right, Appellate Court's Reversal Set Aside....

The petitioners, original plaintiffs, filed a suit for declaration of ownership and possession and for perpetual injunction in respect of agricultural lands. They claimed that their predecessor had ob...

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Bombay High Court Allows Writ Petition and Restores Interim Injunction in Tenancy Dispute — Possession Delivered Under Tenancy Act Prevails Over Subsequent Revenue Entries. The Court held that the Appellate Court erred in reversing the Trial Court's order without considering that the Plaintiffs had a prima facie case based on the tenancy order and possession receipt....

The Petitioners (Original Plaintiffs) filed a suit for declaration of ownership and possession and for perpetual injunction against the Respondents in respect of agricultural lands. The Plaintiffs cla...

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Bombay High Court Allows Appeal in Land Acquisition Case — Compensation Enhanced from Rs. 10,000 to Rs. 20,000 per Hectare. Market Value Determined by Comparable Sale Method with 20% Deduction for Development Under Section 23 of Land Acquisition Act, 1894....

The appellant, Harish Ratanlal Bhansali, was the owner of agricultural land Survey No. 312/B measuring 4 Hectare 90 R situated at village Goregaon, Tahsil Hingoli. The land was acquired by the State o...

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Bombay High Court Upholds Life Sentence for Rape of 5-Year-Old Girl. Conviction under Section 376(2)(f) IPC Sustained Based on Direct Eyewitness Testimony and Medical Evidence....

The appellant, Amir Nyamatkha Tadvi, was convicted by the 3rd Ad-hoc Additional Sessions Judge, Jalgaon, for the offence of rape under Section 376(2)(f) of the Indian Penal Code (IPC) and sentenced to...

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Bombay High Court Acquits Husband and In-laws in Dowry Death Case Due to Lack of Evidence of Cruelty and Absence of Proximate Cause. Conviction under Section 302 IPC set aside as death by burns was not proved to be homicidal or directly linked to dowry demand....

The case involves two criminal appeals filed by Balaji Suryawanshi (husband) and his parents Angad and Rasikabai Suryawanshi against their conviction by the Additional Sessions Judge, Nilanga, for off...

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High Court of Bombay Confirms Death Sentence for Accused in Rape and Murder of Four-Year-Old Girl. Conviction under Sections 302, 376(2)(i), 377, 363, 366, 201 read with 34 of Indian Penal Code Upheld for Acts Committed in Furtherance of Common Intention....

The case arises from a reference under Section 366 of the Code of Criminal Procedure, 1973 for confirmation of the death sentence and an appeal against conviction by the accused. The prosecution case ...