Bombay High Court

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Bombay High Court Allows Landlord's Petition in Rent Recovery and Possession Suit — Lease Agreement Not Required to be Registered Under Section 107 of Transfer of Property Act, 1882 for 11-Month Tenancy. Appellate Court Erred in Reversing Decree on Ground of Non-Registration as Lease for Less Than One Year Can Be Created by Oral Agreement....

The petitioner, Anwar Noormohammed Pirani, filed a suit for possession and recovery of rent against the respondent, Santosh Gajanan Naskulwar, in respect of a shop admeasuring 395 sq. ft. The petition...

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Bombay High Court Allows Parole to Life Convict Despite Police Objection Based on Past Good Conduct. The court held that parole is a statutory right and rejection based on vague apprehension of absconding without material is unsustainable under Rule 19 of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules....

The petitioner, Hariom Vijay Pande, a life convict undergoing imprisonment since 2010 for an offence under Section 302 read with Section 34 of the Indian Penal Code, applied for parole leave on 16 Jul...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Decrees Upheld. Readiness and Willingness Proved by Payment of Full Consideration and Possession; Stamp Duty Deficiency Curable on Payment....

The respondent (original plaintiff) filed a suit for specific performance of an agreement for sale of immovable property. The suit property was originally owned by Sampatrao Bhausaheb Kalate. In 1984,...

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Bombay High Court Acquits Appellants in Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Section 302 read with Section 34 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellants, Chandrakant Keshav Mohite and Suryakant Keshav Mohite, were convicted by the Additional Sessions Judge, Satara in Sessions Case No. 38 of 1993 for the murder of Shahaji Shankar Mohite ...

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Bombay High Court Quashes Sessions Court Order Sealing Premises Under PITA — Power Under Section 18(1) Vests with Commissioner of Police, Not Court. Notification dated 11.08.2006 Confers Powers of District Magistrate on Commissioner of Police for Purposes of Sections 18 and 20 of PITA, Rendering Prosecution's Application Before Sessions Court Not Maintainable....

The petitioners, Ravi Kumar Baldev Yadav and Kedar Dwarika Mandal, filed a writ petition in the Bombay High Court challenging an order dated 05.12.2018 passed by the learned Additional Sessions Judge,...

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Bombay High Court Allows Anticipatory Bail to Accused in SC/ST Atrocities Case Due to Lack of Prima Facie Caste-Based Intent. Land Dispute Not Sufficient to Attract Atrocities Act Without Specific Allegation of Intent to Humiliate on Caste Grounds....

The appellants, Keshav Reddy Yeltiwar and his two sons, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the...

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High Court of Judicature at Bombay Hears Confirmation Case and Appeals arising from Conviction and Death Sentence in Triple Murder Case. The case involves the killing of three sweepers on suspicion of inter-caste relationship, with accused convicted under Sections 302, 120B, and 201 IPC....

The case involved a triple murder that occurred on 1 January 2013 at Darandale Vasti, Ganeshwadi, in Ahmednagar district. Three sweepers employed at Trimurti College—Sandeep Thanwar, Rahul Kandare, ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Rape Case Due to Inconsistent Evidence and Consent. Alleged Rape of Minor Maid by Employer Fails as Prosecutrix's Testimony Lacks Credibility and Medical Evidence Does Not Support Forcible Intercourse Under Section 376 IPC....

The State of Maharashtra appealed against the acquittal of Prashant Baburao Gawand (respondent/accused) by the IInd Adhoc Addl. Sessions Judge, Raigad, for the offence of rape under Section 376 IPC. T...

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Bombay High Court Alters Conviction from Murder to Culpable Homicide in Sudden Provocation Case — Appellants Acquitted Under Section 302 IPC, Convicted Under Section 304 Part II IPC. The court held that the death occurred in a sudden quarrel without premeditation, attracting Exception 4 to Section 300 IPC, and thus the offence fell under Section 304 Part II IPC....

The appellants, accused Nos.1 and 2, were convicted by the Extra Joint Ad-hoc Additional Sessions Judge, Thane, under Section 302 read with 34 IPC for the murder of Baban, and sentenced to life impris...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Failure to Prove Circumstantial Chain. Conviction under Sections 302, 201, 379 IPC read with 34 IPC set aside as prosecution failed to establish guilt beyond reasonable doubt....

The case pertains to the murder of Nilesh, whose body was found in a suitcase near a temple. The appellants, Prajakta Shyam Shelar and Prafulla Mahendra Ghadi, were convicted by the trial court under ...