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Bombay High Court Dismisses State Appeal Against Acquittal in Fatal Road Accident Case — Identity of Driver Not Proved Beyond Reasonable Doubt. Acquittal for Offences Under Sections 304A, 279 and 337 of Indian Penal Code Upheld as Prosecution Failed to Establish That Accused Was Driving the Truck at the Time of Incident....

The State of Maharashtra appealed against the judgment of the Sessions Judge, Chandrapur, dated 13.3.2000, which set aside the conviction of the respondent/accused for offences under Sections 304A, 27...

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Bombay High Court Denies Widow's Claim for Court Fee Exemption in Succession Certificate Petition. Court Fee Exemption for Women Limited to Maintenance and Matrimonial Disputes, Not Applicable to Property Succession Under Indian Succession Act, 1925....

The petitioner, Snehala Pramod Desai, the widow of the deceased, filed a testamentary petition under the Indian Succession Act, 1925, seeking a succession certificate in respect of securities left by ...

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Bombay High Court Dismisses Petition for Appointment of Guardian for Elderly Litigant in Property Dispute — No Evidence of Mental Incapacity Found. Court Holds That Advanced Age Alone Does Not Justify Appointment of Next Friend Under Order XXXII Rule 15 CPC....

The dispute arose between siblings over a flat in Matru Chhaya, Marine Drive, Mumbai, inherited from their father. The respondent No.1, aged 75, was the eldest sibling and had been living in the flat....

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Detaining Authority Failed to Independently Consider Grounds, Leading to Mechanical Affirmation of Proposal....

The petitioner, brother-in-law of the detenu Janardan @ Janyadada Chintaman Bhoir, filed a habeas corpus petition challenging the detention order dated 10 February 2012 passed by the Commissioner of P...

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Bombay High Court Allows Revenue's Appeal in Central Excise Penalty Case — Strict Compliance Required for Reduced Penalty Under Section 11AC. The benefit of 25% penalty is available only if duty, interest and reduced penalty are paid within 30 days of the original adjudication order, not the Tribunal's order....

The appeal was filed by the Commissioner of Central Excise against the order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) which had directed the assessee, M/s. Castrol India Ltd....

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Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Depreciation on Goodwill Not a Valid Reason for Reassessment. The court held that reopening based on change of opinion is impermissible and that depreciation on goodwill is allowable under Section 32(1)(ii) of the Income Tax Act, 1961....

The petitioner, Bedmutha Industries Ltd., challenged a notice dated 29 November 2010 issued under Section 148 of the Income Tax Act, 1961, seeking to reopen its assessment for Assessment Year 2004-05,...

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Bombay High Court Upholds Conviction for Grievous Hurt in Labour Competition Assault — Iron Bar and Stick Attack Causing Multiple Fractures. Appellants convicted under Section 325 read with 34 IPC for causing grievous hurt with dangerous weapons due to business rivalry....

The appeal arises from a judgment of the 4th Additional Sessions Judge, Jalgaon, in Sessions Case No. 238/1998, convicting the four appellants for the offence punishable under Section 325 read with 34...

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Bombay High Court Dismisses Second Appeal in Rent Recovery Suit — Hyderabad Rent Act Applicability During Pendency Does Not Bar Eviction Decree. Section 15(1) of Hyderabad Rent Act does not apply to decrees passed by civil court before the Act's extension to the area....

The respondent/plaintiff filed a suit for recovery of Rs. 5,200 towards arrears of rent, damages, and possession of the suit house against the appellant/defendant, who was a tenant. The plaintiff alle...

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Bombay High Court Dismisses Appeal Against Conviction for Rape Under Section 376 IPC, Upholds Trial Court’s Reliance on Prosecutrix’s Testimony and Circumstantial Evidence. Presence of Semen of Appellant’s Blood Group on Undergarment of Pregnant Prosecutrix Corroborated Her Account Despite Minor Inconsistencies and Inconclusive Medical Opinion....

The appeal arose from the conviction of the appellant under Section 376 of the Indian Penal Code by the Sessions Judge, Osmanabad, sentencing him to rigorous imprisonment for ten years and a fine. The...

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High Court of Patna Allows Appeals Against Conviction in IPC Case Due to Insufficient Evidence. Prosecution Failed to Prove Charges Beyond Reasonable Doubt Against the Accused Under Sections 302 and 149 IPC....

The case involved two criminal appeals against a common judgment of conviction and sentence under various sections of the Indian Penal Code (IPC). The appellants were convicted for the murder of Babul...