Bombay High Court

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Bombay High Court at Goa Quashes De Novo Inquiry Order in Disciplinary Proceedings Against Government Officer for Alleged Fraudulent Award of Works Without Tenders. Disciplinary Authority Cannot Order Fresh Inquiry Without Setting Aside Earlier Report and Without Hearing Delinquent Officer....

The petitioner, Shri K. Kamaladinni, a government officer, challenged an order dated 28 August 2018 directing a de novo inquiry into charges against him. He was suspended on 2 May 2013 and a charge me...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration. Conviction under Section 302 IPC for burning concubine set aside as dying declaration recorded by police officer without doctor's certification lacked credibility....

The appellant, Sanjay Baburao Randive, was convicted under Section 302 of the Indian Penal Code (IPC) by the Additional Sessions Judge, Pune, for the murder of his concubine, Anita Ransingh, by pourin...

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Bombay High Court Allows Appeal in Admiralty Suit — Vessel Arrest Set Aside for Lack of Same Beneficial Ownership. The court held that the arrest of a vessel under admiralty jurisdiction requires proof that the vessel is in the same beneficial ownership as the charterer liable for the claim, and mere common control or management is insufficient....

The case involves a commercial appeal filed by Rainbow Ace Shipping S.A. Panama, the registered owner of the vessel M.V. Rainbow Ace, against an order of the learned Single Judge dated 21 March 2018 r...

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Specific Performance. Court holds that plaint cannot be rejected under Order VII Rule 11 CPC when it discloses a cause of action and raises triable issues regarding fraud and misrepresentation....

The petitioners, defendants in a suit for specific performance, filed a writ petition under Article 227 of the Constitution of India challenging an order of the Civil Judge, Senior Division, Islampur,...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's failure to prove income and contributory negligence of both drivers led to reduction of award from Rs. 3,00,000 to Rs. 1,50,000....

The case involves an appeal by The Oriental Insurance Company Ltd. against the judgment and award dated 31.10.2017 passed by the Motor Accident Claims Tribunal, Chandrapur in M.A.C.P. No.144 of 2004. ...

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Bombay High Court Holds That Question of Excisability of Goods Is a Question of Rate of Duty Appealable Only to Supreme Court Under Section 35L(2) of Central Excise Act, 1944, and Amendment Inserting Sub-section (2) Is Clarificatory in Nature....

The case involves a reference to a Full Bench of the Bombay High Court to determine the appealability of a Tribunal order regarding excisability of goods. The Commissioner of Central Excise appealed a...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Failure to Prove Age of Victim. Conviction under Sections 363, 377, 323 IPC and Section 4 POCSO Act set aside as prosecution failed to establish victim's minority and guilt beyond reasonable doubt....

The appellant, Pankaj Dadarao Ambadkar, was convicted by the learned Additional Sessions Judge-1 & Special Judge, Achalpur in Special (POCSO) Case No. 11/2013 dated 26.6.2019 for offences punishable u...

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Bombay High Court Allows Wife's Appeal for Mehr (Dower) Payment in Family Court Appeal - Sets Aside Dismissal of Petition for Recovery of Rs. 50 Lakhs Mehr Agreed in Nikahnama. The court held that the Family Court erred in dismissing the petition ex parte without considering the wife's entitlement to Mehr under Muslim Personal Law....

The appellant, Saida Parveen, married the respondent, Rizwan Ahmad Abbas, on 16 January 2016, while his first marriage to Shagufta Parveen was still subsisting. The Nikahnama fixed the Mehr (dower) at...