Bombay High Court

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — No Evidence of Demand for Dowry or Harassment Soon Before Death. Court upholds acquittal under Sections 304B, 498A IPC and Sections 3, 4, 6 of Dowry Prohibition Act, 1961 as prosecution failed to prove essential ingredients....

The State of Maharashtra filed an appeal against the acquittal of Suresh Sakharam Sawant and his wife Kunda @ Sushma Suresh Sawant (respondents/accused) by the trial court for offences under Sections ...

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Bombay High Court Allows Writ Petition Challenging Denial of Gratuity Under Payment of Gratuity Act, 1972 — Misconduct of Issuing Lesser Denomination Tickets Does Not Constitute 'Theft, Fraud or Dishonesty' Under Section 4(6)(b)....

The petitioner, Vasant B. Bhujbal, was employed as a conductor with the respondent-corporation (a State Transport undertaking) from May 1968. On 29 August 1993, during a routine check, it was found th...

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Bombay High Court Allows WCL Petition in Service Dispute — Labour Court Order Under Section 33(C)(2) Quashed for Lack of Jurisdiction. Claim for Higher Grade and Arrears from 1974 to 2014 Held Not Maintainable Without Prior Adjudication and Barred by Limitation....

The petitioners, Western Coalfields Limited (WCL), a Central Government undertaking, challenged the judgment of the Labour Court dated 5.5.2018, which partly allowed an application filed by the respon...

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High Court of Bombay at Goa Dismisses State Appeal Against Acquittal in Explosives and Waging War Case — Prosecution Fails to Prove Possession of Explosives Beyond Reasonable Doubt. Recovery of alleged RDX and hand grenades from accused not established due to contradictions in seizure witnesses and lack of independent corroboration....

The State of Goa appealed against the acquittal of Tariq Ahmad Buttloo by the learned Adhoc Assistant Sessions Judge, FTC-I, South Goa at Margao, in Sessions Case No.15/2006. The respondent was charge...

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Bombay High Court Upholds Life Imprisonment for Son Convicted of Murdering Mother Based on Circumstantial Evidence. Conviction under Section 302 IPC confirmed as chain of circumstances including motive, last seen, and recovery of weapon was complete and consistent with guilt....

The appellant, Suryakant J. Gawde, was convicted by the Additional Sessions Judge, Panaji, sitting at Ponda, Goa, for the murder of his mother, Smt. Sita Jairam Gawde, under Section 302 of the Indian ...

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Bombay High Court Dismisses State Appeal Against Acquittal in SC/ST Atrocity Case — Alleged Caste-Based Insult Not Proven Beyond Reasonable Doubt. Incident Occurred in Private Factory Premises, Not in Public View, Failing Essential Ingredient of Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989....

The State of Maharashtra appealed against the acquittal of Pravin Meharchand Jethwani, the Director of Basant Rubber Company, for offences under Section 3(1)(x) of the Scheduled Castes and Scheduled T...

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Bombay High Court Dismisses Municipal Corporation's Petition Challenging Industrial Court Order Setting Aside Suspension of Employee in Unfair Labour Practice Case. Suspension Without Statutory Authority Under Industrial Employment (Standing Orders) Act, 1946 Constitutes Unfair Labour Practice Under MRTU and PULP Act, 1971....

The case involves two writ petitions: one by the Municipal Commissioner of the Municipal Corporation of Greater Mumbai (MCGM) challenging an order of the Industrial Court, and another by a trade union...

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Bombay High Court Considered Landowners' Writ Petition Seeking Declaration that Playground Reservation Lapsed under Maharashtra Regional and Town Planning Act, 1966. Petitioners' Purchase Notice Under Section 127 Triggered Statutory Period; Failure to Acquire Land Within Amended Twenty-Four Month Window Led to Question of Deemed Lapse....

The dispute involved a writ petition under Article 226 of the Constitution of India filed by five brothers, owners of land bearing survey nos.233, 233/1, 233/2, 233/3 and 233/4 to the extent of 4 Hect...

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Bombay High Court Allows Appeal in Murder Case Due to Non-Compliance with Section 313 CrPC — Chemical Analyzer Report Not Put to Accused. Failure to Put Incriminating Circumstance to Accused During Examination Under Section 313 CrPC Renders Conviction Unsustainable....

The appellant, Roshan Lilhare, was convicted by the Sessions Court, Nagpur for the murder of his brother Munesh Lilhare under Section 302 IPC and for causing disappearance of evidence under Section 20...