Bombay High Court

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Bombay High Court Dismisses Habeas Corpus Petition by Mother Against Father for Custody of Minor Child. Father's Custody Held Not Unlawful as Both Parents Have Equal Rights; Dispute to Be Adjudicated Under Guardians and Wards Act, 1890....

The petitioner, Mrs. Namita Mahendra Thanai, filed a writ of habeas corpus under Article 226 of the Constitution of India seeking production of her minor son, Krishang, aged about 2 years, from the cu...

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Bombay High Court Dismisses Customs Appeal Against Acquittal in Gold Smuggling Case — Retracted Confession and Lack of Corroboration Lead to Acquittal. Section 108 Customs Act statements retracted and not corroborated by independent evidence; prosecution failed to prove possession of smuggled gold beyond reasonable doubt....

The case arises from a raid on 8th January 1991 at the premises of respondent no.1, Oghadmal Hiralal Jain, where five gold bars weighing 583 grams were recovered from his person and Indian currency of...

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Bombay High Court Dismisses Customs Appeal Against Acquittal in Gold Smuggling Case — Retracted Confession and Lack of Independent Witnesses Lead to Acquittal Confirmation. Section 108 Customs Act statement retracted on ground of coercion and not corroborated by independent evidence, hence not reliable....

The case involves an appeal by the Union of India against the acquittal of Narendra Ratanchand Jain (respondent no.1) for offences under the Customs Act, 1962 and the Gold (Control) Act, 1968. The pro...

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Bombay High Court Upholds Acquittal in Kidnapping and Extortion Case Due to Hostile Complainant and Lack of Evidence. State fails to prove charges under Sections 364-A, 386, 387 IPC as prosecution witnesses turned hostile and identification of accused was doubtful....

The State of Maharashtra appealed against the judgment and order dated 16/12/1999 passed by the Additional Sessions Judge, Pune in Sessions Case No. 181 of 1998, acquitting the respondents (original a...

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Bombay High Court Acquits Accused in Murder Case Due to Inadmissible Confession and Insufficient Circumstantial Evidence. Conviction under Section 302 IPC set aside as extra-judicial confession to police officer is barred by Section 25 of Evidence Act and recovery of weapon does not establish guilt....

The appellant, Shashikant Shantaram Bhandari, was convicted by the trial court for the murder of his aunt Vatsala under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment. T...

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Bombay High Court Dismisses Contempt Petition for Alleged Violation of Interim Stay Order in Specific Performance Suit — No Willful Disobedience Found as Sale Deed Was Executed Through Court Process....

The Petitioner, Manohar Modku Tadse, filed a Contempt Petition alleging that the Respondent, Banwarilal S/o Kashiram Dewangan, willfully disobeyed an interim order dated 8.2.2017 passed by the Bombay ...

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Bombay High Court Dismisses MSRTC's Petition Challenging Industrial Court Order Granting Back Wages to Reinstated Employee. Denial of back wages from dismissal to reinstatement amounts to unfair labour practice under Item 9 of Schedule IV of MRTU & PULP Act....

The Maharashtra State Road Transport Corporation (MSRTC) challenged the judgment and order dated 14.3.2016 of the Industrial Court, Nagpur, which partly allowed Complaint (ULP) No.433/2003 filed by th...

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High Court of Bombay at Goa Upholds Life Conviction for Murder by Pouring Hot Water on Wife. Dying Declaration and Medical Evidence Sufficient to Prove Intent to Kill Under Section 302 IPC....

The appellant, Joseph Yemmiganoor @ Kadakoti, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of his wife by pouring hot water on her. The incident occurred on 25 August ...

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High Court of Bombay at Goa Dismisses Second Appeal in Property Suit — Appellants Not Defendants in Original Suit. The court held that the appellants, who were not parties to the original suit, cannot challenge the decree as they were not defendants and the suit was not collusive....

The case involves a second appeal filed by the appellants, who claimed to be the defendants in Regular Civil Suit No.54/2001. However, upon examination of the record, the High Court found that the app...

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Bombay High Court Declares Payments Made by Company in Liquidation Void Under Section 536(2) of Companies Act, 1956 and Orders Refund. Payments made after winding up order to caterer without court approval are void, and the caterer must repay with interest....

The Official Liquidator of M/s. GOL Offshore Limited (in liquidation) filed OLR No. 139 of 2018 under Section 536(2) of the Companies Act, 1956, seeking a declaration that payments of Rs.4,07,99,612/-...