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Bombay High Court Upholds Conviction of Two Accused in Market Committee Secretary Murder Case — Acquits Two Others on Benefit of Doubt. Conspiracy and motive established through evidence of prior enmity and recovery of weapons....

The case pertains to the murder of the secretary of the Agricultural Produce Market Committee (APMC) at Navi Mumbai. The prosecution alleged that the deceased was killed due to a conspiracy hatched by...

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High Court of Bombay Dismisses Writ Petition; Holds Common Election Petition Maintainable Under Bombay Village Panchayats Act, 1958. Rejection of Nominations of School Teachers for Not Obtaining Management Permission Held Illegal Following Supreme Court Precedent....

The dispute arose from elections to Gram Panchayat Nawargaon, Taluq Sindewahi, District Chandrapur, held on 22 August 2010. The Gram Panchayat consisted of 17 members divided into six wards. The respo...

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Bombay High Court Dismisses Petition Challenging Appellate Order in Payment of Wages Act Case — Delay Condonation and Claim for Leave Wages Upheld. The Court held that the Controlling Authority and Appellate Authority correctly allowed the claim for leave wages and condoned delay, and no interference was warranted under Articles 226 and 227 of the Constitution....

The petitioner, Akola Zillah Dudh Utpadak Sangh, Sahakari Sansthanacha Sangh Ltd., a federal society of milk societies in Akola District, filed a writ petition under Articles 226 and 227 of the Consti...

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High Court of Bombay at Nagpur Quashes CGRF Order Directing MSEDCL to Provide Supply from Gaothan Feeder — Forum Exceeded Jurisdiction Under Electricity Act, 2003. The court held that the CGRF cannot direct a distribution licensee to provide supply from a specific feeder as such operational decisions are within the licensee's domain....

The petitioner, Maharashtra State Electricity Distribution Company Ltd. (MSEDCL), challenged an order dated 6/12/2010 passed by the Consumer Grievance Redressal Forum (CGRF), Amravati Zone, Akola. The...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Reverses Acquittal Under Section 138 NI Act. Presumption of Legally Enforceable Debt Arises When Signature on Cheque is Admitted, and Burden Shifts to Accused to Rebut....

The appellant, Shriniwas Ramdas Siwerwat, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Shantaram Pandurang Deotale, alleging dishonour of three c...

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Bombay High Court Modifies Interim Maintenance in Muslim Divorce Case — Husband's Income and Wife's Earning Capacity Considered. Court reduces interim maintenance under Section 125 CrPC for divorced wife and children, holding that wife's educational qualification and ability to earn must be considered while fixing maintenance....

The applicant, Dr. Shahid Rizwan Khan, filed a criminal application under Section 482 of the Criminal Procedure Code, 1973, challenging an order dated 26/08/2010 passed by the Family Court No. 3, Nagp...

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Bombay High Court Dismisses Petition by Assistant Provident Fund Commissioner in EPF Act Case — Company Entitled to Infancy Period. Functional integrality not established between two companies despite common ownership; Section 16(1)(d) of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 applies to newly set up establishment....

The case involves a writ petition filed by the Assistant Provident Fund Commissioner, Nagpur, challenging the order of the Employees' Provident Fund Appellate Tribunal, New Delhi, which held that the ...

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Bombay High Court Upholds Conviction in Cheque Dishonour Case — Insufficient Funds Defence Fails as Accused Failed to Rebut Presumption Under Section 139 of Negotiable Instruments Act, 1881. Revisional Court Confirms Sentence of One Month Simple Imprisonment and Fine of Rs.1,000 for Dishonour of Cheque Issued for Repayment of Loan....

The case involves a criminal revision application filed by Dhondiba Nagoba Ladke, the original accused, challenging his conviction under Section 138 of the Negotiable Instruments Act, 1881. The compla...

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Bombay High Court Allows Appeal Against Insurer in Goods Vehicle Passenger Death Case — Hirer Travelling with Goods Deemed Passenger Under Section 166 Motor Vehicles Act, 1939. Division Bench Precedent on Risk Coverage for Hirer Travelling with Goods Followed....

The appellants, legal heirs of Shankar Laxman Barve, filed a claim petition under Section 166 of the Motor Vehicles Act, 1939, seeking compensation for his death in a motor accident on 19th August 198...

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Bombay High Court Dismisses Appeal by Partnership Firm and Partner Against Penalty Under Customs Act — Double Jeopardy Plea Rejected. Penalty on firm and partner under Section 112 of Customs Act, 1962 is permissible as firm is a separate entity for penalty purposes....

The appeal arose from an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 12 February 2004, which reduced penalties imposed on the appellants under Section 112 of the Cus...