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Bombay High Court Modifies Sentence of Accused in Cheque Dishonour Case After Payment of Cheque Amount. Conviction under Section 138 Negotiable Instruments Act upheld but imprisonment substituted with fine and compensation due to payment during appeal....

The petitioner, Subhash Chunnilal Gandecha, was convicted by the Judicial Magistrate, First Class, Pandharkawada in Summary Criminal Case No.374 of 2008 for an offence under Section 138 of the Negotia...

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High Court of Bombay at Goa Upholds Enhanced Compensation for Land Acquisition in Tourism Project. Contiguous Sand Strip Lands Valued at Rs. 95 per Sq. Mtr. Based on Potential Use Under Land Acquisition Act, 1894....

The case involves four appeals filed by the Deputy Collector (Rev) and Land Acquisition Officer, Panaji, and the Director of Tourism against a common judgment of the reference Court which enhanced com...

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Bombay High Court Dismisses State's Appeal for Enhancement of Sentence in Section 324 IPC Case — Sentence of Imprisonment Till Rising of Court and Fine Held Adequate Given Nature of Injuries and Acquittal of Co-Accused for Graver Offences....

The State of Maharashtra filed an appeal under Section 377(1) of the Code of Criminal Procedure, 1973, seeking enhancement of sentence imposed on respondents Sk. Isaq Sk. Ahmed and Sk. Shamad Sk. Ahme...

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Bombay High Court Allows Second Appeal, Restores Trial Court Decree for Right of Way. Plaintiffs Established Prescriptive Easement Under Section 15 of Indian Easements Act, 1882, After Proving Open and Peaceful Use for 30-35 Years....

The dispute concerned a right of way claimed by the plaintiffs, owners of agricultural fields near Walgaon village, to access their fields. They filed a suit for declaration and injunction before the ...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Detenu's Bail Status and Lack of Compelling Necessity for Preventive Detention. The court held that the detaining authority must consider the detenu's bail status and demonstrate a compelling necessity for preventive detention over ordinary law....

The petitioner, wife of the detenu Firoz Khan alias Aabu, challenged a detention order dated 31.12.2010 passed by the Commissioner of Police, Nagpur, under Section 3(1) of the Maharashtra Prevention o...

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Bombay High Court Directs Additional Commissioner to Hear Appeal of Ashram School Employee, Holding Ashram Schools Not Covered Under Maharashtra Employees of Private Schools Act. The court relied on Full Bench judgment that Ashram Schools are not private schools under the Act, and thus the Additional Commissioner is the appropriate appellate authority....

The petitioner, Sanjay Arjun Dhule, an employee of an Ashram School, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 29 January 2011 passed by ...

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High Court of Bombay Dismisses Railway's Challenge to Arbitral Award in Advertising Contract Dispute — Upholds Award of Refund and Damages for Breach of Contract. The court held that the arbitrator's findings were based on evidence and not perverse, and the award of damages beyond contractual refund was justified....

The Union of India, acting through the Senior Divisional Commercial Manager of Western Railway, Mumbai, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an a...

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Bombay High Court Acquits Appellant in Dowry Harassment and Abetment to Suicide Case Due to Lack of Evidence. Conviction under Sections 498A and 306 IPC set aside as prosecution failed to prove cruelty and abetment beyond reasonable doubt....

The appeal arises from the conviction of appellant no.1 Sanjay Chhagan Jadhav under Sections 498A and 306 IPC by the Additional Sessions Judge, Aurangabad in Sessions Case No. 135 of 1996. The decease...

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Bombay High Court Dismisses Petition Seeking Enquiry and Prosecution for Water Leakage and Contamination. Court holds that no statutory duty or right is violated as the petition lacks specific allegations of negligence and seeks directions beyond judicial review....

The petitioners, residents of Hinganghat, filed a criminal writ petition seeking directions to the Municipal Council to initiate an enquiry into the leakage of water which affected citizens, and to pr...