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Bombay High Court Sets Aside Dismissal of Appeal for Default in NI Act Case — Appellate Court Must Decide on Merits. Criminal appeal under Section 138 of Negotiable Instruments Act cannot be dismissed for non-prosecution; Sessions Judge directed to hear appeal on merits....

The applicant, Jafar Shamshuddin Momin, was convicted by the Judicial Magistrate First Class, Parner, for an offence under Section 138 of the Negotiable Instruments Act, 1881, in Summary Case No.814/2...

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Bombay High Court Acquits Accused in Attempt to Rape Case Due to Unreliable Testimony. Conviction under Sections 452, 354, 376 IPC set aside as sole testimony of prosecutrix was inconsistent and lacked corroboration....

The appellant, Subhash Sahebrao Datkar, was convicted by the trial court for offences under Sections 452, 354 and 376 of the Indian Penal Code, 1860 for allegedly entering the house of PW-1 Kalabai Ra...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholds Concurrent Findings of Fact. The court held that the appellants failed to prove title by adverse possession and that the suit was not barred by limitation under the Portuguese Civil Code....

The case involves a second appeal filed by the appellants, who were defendants in a suit for declaration of title and recovery of possession filed by the respondent, a temple trust. The respondent cla...

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Bombay High Court Allows Appeal Against Order to Deposit Half of Asset Value in Inventory Proceedings — Jurisdictional Error by Trial Court in Directing Deposit Without Deciding Ownership Claim Under Article 1383 of Portuguese Civil Procedure Code...

The appeal arises from an order dated 16th August 2008 passed by the IIIrd Additional Civil Judge, Senior Division, Margao, in Inventory Proceedings No.178/2003-ADDL.III. The inventory proceedings wer...

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Bombay High Court Quashes Reopening of Assessment Under Section 147 of Income Tax Act, 1961 for Lack of Failure to Disclose Material Facts. Assessee's claim for deduction under Section 80HHC for export of trading goods was based on full disclosure in return and audit report, and reopening beyond four years without fresh tangible material was invalid....

The petitioner, Prashant Projects Limited, challenged the reopening of its assessment for assessment year 2002-2003 under Section 147 of the Income Tax Act, 1961, by notice under Section 148 dated 25 ...

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Bombay High Court Admitted Writ Petition Challenging Cooperative Appellate Court's Order in Redevelopment Dispute. Interim Relief Granted for Possession of Flats in Ready Building Despite Opposition from Some Members....

The writ petition was filed by a cooperative housing society ('Godi Kamgar Griha Sanstha Ltd.') and its developer ('Bharat Infrastructure & Engineering Ltd.') against several members who opposed the r...

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Bombay High Court Dismisses Petition Challenging Compulsory Retirement of Judicial Officer at Age 53. Review of service record at 53 years is permissible under Rule 14(2) of the Maharashtra Judicial Service (Pension) Rules, 1982, and the High Court's decision based on overall performance is not subject to judicial review....

The petitioner, Sadashiv Vishnu Rayate, a judicial officer serving as Ad Hoc District Judge and Additional Sessions Judge, Pune, was compulsorily retired by the State of Maharashtra on 26 March 2008 u...

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Bombay High Court Acquits Accused in Drug-Laced Biscuit Theft Case Due to Lack of Independent Witnesses and Inconsistent Evidence. Conviction under Sections 328 and 379 IPC Set Aside as Prosecution Failed to Prove Administration of Poisonous Substance Beyond Reasonable Doubt....

The appellant, Ramu s/o Vijay Mandal, was convicted by the Additional Sessions Judge, Nandurbar, in Sessions Case No. 13 of 2008 for offences under Sections 328 (administering poisonous substance) and...

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Bombay High Court Allows Writ Petition by Members of Cooperative Housing Society Management Committee Challenging Supersession Order. Show-Cause Notice Lacked Specific Grounds, Violating Natural Justice Under Section 77 of Maharashtra Cooperative Societies Act, 1960....

The petitioners, 12 members of the Management Committee of Shri Shivaji Sindhi Cooperative Housing Society Ltd., challenged the order dated 6.4.2009 passed by the Taluka Deputy Registrar, Cooperative ...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376 IPC set aside as prosecutrix's testimony was unreliable and medical evidence did not support rape....

The appellant, Sandeep son of Kaniram Rathod, was convicted by the Sessions Court for the offence of rape under Section 376 of the Indian Penal Code for allegedly committing rape multiple times on a 1...