Bombay High Court

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High Court Upholds Auction Sale of Cooperative Bank Property; Dismisses Challenges on Grounds of Adequate Upset Price and Proper Procedure. Court Holds that Modification of Auction Condition to Negotiate Only with Highest Bidder is Permissible and Allegations of Fraud and Collusion are Unsubstantiated....

The High Court of Judicature at Bombay, Bench at Aurangabad, heard three writ petitions filed by different petitioners challenging the auction sale of a plot and building owned by Parbhani People's Co...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands for Fresh Consideration of Measurement Evidence. Court holds that the lower appellate court failed to consider the TILR's map and report, which constituted a substantial question of law under Section 100 CPC....

The present second appeal arises from a suit for possession of encroached land. The appellants, original plaintiffs, are members of a joint family owning agricultural land Gut No.133. They alleged tha...

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Bombay High Court Acquits Mother in Son's Drowning Death Due to Lack of Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove homicidal death beyond reasonable doubt....

The appellant, Shalini Gaikwad, was convicted under Section 302 of the Indian Penal Code for the murder of her seven-year-old son Roshan. The prosecution alleged that on 26 March 2018, the appellant t...

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Bombay High Court Upholds Conviction for Attempt to Rape Minor and Causing Hurt — Evidence of Victim and Rescuer Found Credible, Medical Evidence Corroborates Sexual Assault. Conviction under Section 376 read with Section 511 IPC and Section 324 IPC sustained as prosecution proved case beyond reasonable doubt....

The appellant, Vijay Kisan Kumbhare, was convicted by the 6th Adhoc Additional Sessions Judge, Amravati in Sessions Trial No. 145 of 1999 for offences under Section 376 read with Section 511 IPC (atte...

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Bombay High Court Quashes Penalty Order Against Headmaster for Violation of Natural Justice in Disciplinary Inquiry. Failure to Supply Documents and Denial of Cross-Examination Renders Proceedings Unfair Under Maharashtra Zilla Parishads and Panchayat Samitis (Disciplinary Proceedings) Rules, 1964....

The petitioner, Manik Shravan Dukare, was appointed as an Assistant Teacher in a Zilla Parishad school in 1985 and later promoted to Headmaster. On 06/10/2015, he was served with a charge-sheet contai...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Homicidal Death and Chain of Circumstances Was Incomplete....

The appellant, Hanamant Tatyaba Dhokale, was convicted by the IInd Additional Sessions Judge, Satara in Sessions Case No. 23 of 1993 for the murder of his wife Rukmini under Section 302 of the Indian ...

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Bombay High Court Allows Second Appeal in Possession Suit Based on Settled Exclusive Possession — Title Not Required for Injunction. A suit for perpetual injunction to protect possession of immovable property cannot be dismissed solely on the ground that the plaintiff failed to prove title, if settled exclusive possession is established....

The case involves a second appeal before the Bombay High Court challenging an appellate order of the District Court at Nashik. The original plaintiff, Kadar Raju Shaikh (since deceased, represented by...

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Bombay High Court Dismisses Petition Challenging Belated Production of Power of Attorney in Civil Suit. Foundational Pleadings Not Required at Production Stage; Trial Court's Discretion Upheld with Costs....

The petitioners, legal heirs of the original deceased defendant no.1 in Special Civil Suit No.222/2009, challenged the trial court's order dated 29.07.2019 allowing the plaintiff's application (exhibi...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim. Insurer's Liability to Third Parties Not Affected by Violation of Permit Conditions Under Section 149(2) of Motor Vehicles Act, 1988....

The case involves two appeals filed by Oriental Insurance Company Limited against the judgment and award passed by the Motor Accident Claims Tribunal in M.A.C.P. No.775/2006 and M.A.C.P. No.167/2007. ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Insured Vehicle Driver Proved. Insurance Company Liable to Pay Compensation as No Breach of Policy Conditions Established....

The case arises from a motor accident claim filed by the heirs of Ganesh Vinayak Gavhane, who died in a collision on 15 June 2012. The deceased was a pillion rider on a motorcycle when a Tata Sumo jee...