Bombay High Court

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Bombay High Court Quashes Compulsory Retirement of District Judge for Non-Application of Mind and Violation of Natural Justice. Premature Retirement Order Set Aside as Review Committee Failed to Consider Entire Service Record and Adverse Remarks Were Not Communicated....

The Petitioner, a District Judge, challenged his compulsory retirement from service on attaining the age of 55 years, by an order dated 12/07/2018. He was initially appointed as a Civil Judge, Junior ...

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Bombay High Court Dismisses Petition to Quash Criminal Proceedings in Cheque Dishonour Case — Directors of Company Not Entitled to Quashing Under Section 482 CrPC When Trial Already Commenced and No Exceptional Circumstances Shown....

The petitioners, Mrs. Shama G. Bothe and Mr. Guido Bothe, directors of Chinkara Motors Private Limited (CMPL), filed a criminal writ petition under Article 226 of the Constitution of India and Section...

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Bombay High Court Quashes Additional Charge Under Section 304-B IPC Against Husband and Mother-in-Law in Dowry Death Case. Absence of Evidence of Demand of Dowry 'Soon Before Death' and Lack of Proximate Link Between Cruelty and Suicide Precludes Framing of Charge Under Section 304-B IPC....

The applicants, Vinod Babaso Bhosale (husband) and Chhaya Babaso Bhosale (mother-in-law), were accused in Sessions Case No. 148 of 2015 pending before the Sessions Judge, Sangli, for offences includin...

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Bombay High Court Allows Revision Against Rejection of Additional Evidence in NI Act Case — Settlement Agreement After Trial Held Relevant. The appellate court must consider subsequent events that affect the merits of the case under Section 391 CrPC, even if the evidence could have been produced earlier with due diligence....

The applicant, Ranjan Dutta, was convicted under Section 138 of the Negotiable Instruments Act, 1881, by the Judicial Magistrate, First Class, Pune, for dishonour of a cheque issued to the complainant...

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Bombay High Court Dismisses State Appeal Against Acquittal in Cheating Case — Promise of Government Job for Payment Not Proven Beyond Reasonable Doubt. Complainant's testimony found unreliable and contradictions in prosecution evidence led to acquittal under Section 420 IPC....

The State of Maharashtra filed an appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment dated 21-3-1997 passed by the Additional Sessions Judge, Pune, which acq...

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Bombay High Court Allows Arbitration Application in Out-of-State Contract Dispute. Holds That Arbitration Is Not a 'Thing Done' Under Maharashtra Stamp Act, 1958, and Contract Executed and Performed Outside Maharashtra Is Not Liable to Stamp Duty in Maharashtra....

The applicant, S Satyanarayana & Co, a partnership firm based in Visakhapatnam, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrato...

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Bombay High Court Quashes FIR in SC/ST Act Case Due to Lack of Intent to Humiliate. Allegations of Caste-Based Insults Failed as Utterances Were Made in Service Dispute Context, Not with Intent to Humiliate Under Section 3(1)(r) of SC & ST (Prevention of Atrocities) Act, 1989....

The petitioners, who were employees of a cooperative bank, filed a criminal writ petition seeking quashing of FIR No. 15/2019 registered at Newasa Police Station, District Ahmednagar, for offences und...

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Bombay High Court Quashes Externment Orders for Lack of Subjective Satisfaction and Non-Compliance with Maharashtra Police Act. Externment Orders Under Section 56 of Maharashtra Police Act, 1951 Set Aside as Show Cause Notices Were Vague and Authority Failed to Record Satisfaction Regarding Witnesses' Unwillingness....

The petitioners, Limbaji @ Vijay s/o Govind Ghobale and Hari @ Haridas (Haribhau) s/o Limbaji @ Ghobale, filed separate criminal writ petitions challenging externment orders passed against them by the...

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Bombay High Court Allows Applicant's Challenge to Cancellation of Bail in Murder Case — Cancellation Order Quashed for Lack of Supervening Circumstances. Bail Granted After Charge-Sheet Cannot Be Cancelled on Same Grounds as Rejection....

The applicant, Mahadeo Deoba Gajbhar, was arrested in connection with Crime No.30/2019 for offences under Sections 302, 143, 147, 148, 149, 323 and 506 of the Indian Penal Code, based on a report lodg...