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Bombay High Court Dismisses Plaintiff's Suit for Recovery Due to Prior Arbitration Awards. The court held that the suit is barred by res judicata as the same claims were already adjudicated in arbitration proceedings under the Arbitration Act, 1940....

The plaintiff, Unique Integrated Transport & Management Consultancies Pvt. Ltd., filed a suit against Mahanagar Telephone Nigam Ltd. (MTNL) and its officers for recovery of Rs.8,03,77,289/-. The plain...

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Bombay High Court Dismisses Petition Challenging Tribunal's Order Quashing Transfer — Transfer Order Invalid as It Originated from Minister's Office Without Departmental Proposal. Transfer order set aside for violating Transfer Act and ignoring prior Tribunal order regarding posting....

The petitioner, Shri A.P. Kamble, a government servant, filed a writ petition challenging the decision of the Maharashtra Administrative Tribunal dated 2nd August 2012, which allowed the Original Appl...

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Bombay High Court Acquits Accused in Cheque Dishonour Case Due to Non-Examination of Complainant's Witness — Failure to Prove Legally Enforceable Debt Under Section 138 of Negotiable Instruments Act, 1881. The court held that the presumption under Section 139 is rebuttable and the accused successfully rebutted it by showing the complainant did not prove the loan....

The petitioner, Avinash Lokhande, was the original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by the respondent, a cooperative society. The respondent alle...

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Bombay High Court Upholds Conviction for Murder and Cruelty Based on Dying Declaration. Dying declaration found credible and corroborated by medical evidence and motive under Sections 302 and 498A IPC....

The appellant, Raju s/o Dadarao Mhaslekar, was convicted by the learned Extra Joint Adhoc Additional Sessions Judge, Jalna in Sessions Case No.81/2010 for offences punishable under Sections 302 and 49...

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Bombay High Court Upholds Life Sentence for Murder Conviction Under Section 302 IPC — Evidence of Witnesses and Medical Reports Establish Guilt Beyond Reasonable Doubt. Appeal Dismissed as Prosecution Proved Case Based on Testimony of Eyewitnesses and Recovery of Weapons....

The appellant, Kailash s/o Jagdeo Gade, was convicted by the Adhoc Additional Sessions Judge, Khamgaon in Sessions Trial No.25 of 2007 for the offence punishable under Section 302 of the Indian Penal ...

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Bombay High Court Acquits Appellants in Gang Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376(2)(g) IPC set aside as prosecutrix's testimony was unreliable and medical evidence did not support the prosecution case....

The appellants, Mangesh Vitthal Waghmare and Devidas Balchandra Rathod, were convicted by the Additional Sessions Judge, Washim, in Atrocity Case No. 36/2006 for the offence of gang rape under Section...

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Bombay High Court Acquits Accused in Kidnapping Case Due to Inconsistent Testimony of Prosecutrix. Voluntary Accompaniment by Minor Girl Fails to Establish Enticement Under Section 363 IPC....

The appellant, Hemraj s/o Sampatrao Bhoyar, was convicted by the 6th Additional Sessions Judge, Nagpur in Sessions Trial No. 163/1997 for the offence punishable under Section 363 of the Indian Penal C...

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Bombay High Court Allows Gratuity Claims of Resigned Judicial Officers in Service Law Dispute. Resignation Does Not Forfeit Statutory Gratuity Under Payment of Gratuity Act, 1972 for Judicial Officers with Over 12 Years of Service....

The judgment concerns two writ petitions filed by former judicial officers of the Maharashtra State Judicial Service. The petitioners, Jeevan Kashinath Patil and Navinchandra Brijaratnlal Shah, had se...

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Bombay High Court Allows Husband's Appeal and Grants Divorce by Mutual Consent, Waiving Six-Month Waiting Period Under Section 13B(2) of Hindu Marriage Act. Joint application filed during appeal treated as petition for mutual consent divorce, and instant decree granted as parties had been separated for over six years....

The dispute arose from a Family Court Appeal filed by the husband against the dismissal of his divorce petition. The husband had originally sought divorce on the ground of cruelty under Section 13(1)(...