Bombay High Court

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Bombay High Court Acquits Accused in Gang Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376(2)(g) IPC set aside as testimony of prosecutrix failed to inspire confidence....

The case involves two appeals filed by Samundersing Mahipal Sing and Rajnishkumar Sureshchandra Kumar against their conviction by the Additional Sessions Judge, Pune, in Sessions Case No. 639/2010. Th...

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Bombay High Court Directs Collector of Stamps to Accept Auction Price as Market Value for Stamp Duty on Court Sale Certificate. Court-ordered auction sale price of Rs. 15.30 crores must be treated as market value under Maharashtra Stamp Act, 1958, overriding Collector's independent valuation of Rs. 155 crores....

The case arises from an execution application in the Bombay High Court. The decree holders, Pinak Bharat & Co and Bina V Advani, held a decree for Rs. 9.39 crores against the judgment debtor, Anil Ram...

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Bombay High Court Sets Aside Arbitral Award in Share Purchase Dispute for Patent Illegality and Perversity. The court found that the arbitrator's interpretation of a condition subsequent in a share purchase agreement was patently illegal and perverse, warranting interference under Section 34 of the Arbitration and Conciliation Act, 1996....

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, to an arbitral award arising from a share purchase agreement (SPA) dated 8 December 2007, as amended. The ...

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Bombay High Court Allows Writ Petition of Assistant Professors Seeking Permanent Status and Benefits. University's Year-to-Year Appointments Held Invalid as Petitioners Were Appointed Against Clear Vacancies and Continued for Years....

The petitioners, four individuals working as Assistant Professors at Shivaji University, Kolhapur, filed a writ petition seeking directions to treat them as permanent teachers and extend benefits. The...

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Bombay High Court Dismisses Bus Conductor's Writ Petition, Upholds Industrial Court's Reinstatement of Dismissal for Misappropriation. Preponderance of Probability, Not Beyond Reasonable Doubt, is Required in Departmental Enquiries, and Employer Can Challenge Part I Order After De Novo Enquiry if Final Judgment is Adverse....

Pandharinath Karmude, a bus conductor with the Maharashtra State Road Transport Corporation since 1993, faced a surprise check on January 1, 2012, during which two lady passengers were found traveling...

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Bombay High Court Allows Revision Application in NDPS Act Case — Acquittal Set Aside Due to Non-Compliance with Section 50. Failure to Inform Accused of Right to be Searched Before a Magistrate or Gazetted Officer Renders Search Illegal and Conviction Unsustainable....

The applicant, Jhamsingh s/o Kedarsingh Jamadar, was convicted by the trial court for possession of 3 kg 200 grams of ganja under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). T...

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Bombay High Court Allows Writ Petition Seeking Reference of Industrial Dispute in Employer-Employee Relationship Case. Failure Report by Conciliation Officer Sufficient to Show Existence of Dispute Under Section 10 of Industrial Disputes Act, 1947....

The petitioner, Rajesh Binkar, filed a writ petition against the Secretary, Government of India, Ministry of Labour, and the New India Assurance Co. Ltd. (respondents 2 and 3), seeking a direction for...

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Bombay High Court Allows Revenue Appeals in Part, Remands for Fresh Consideration of Exemption Under Section 10(23C)(iiiab) of Income Tax Act, 1961 — Tribunal's Order Set Aside for Not Considering Whether Assessee is Wholly or Substantially Financed by Government....

The case involves three appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, challenging two orders of the Income Tax Appellate Tribunal (ITAT) dated 26 September 2012 and 16 S...

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Bombay High Court Upholds Conviction for Culpable Homicide Not Amounting to Murder in Fatal Assault Case. Appellant convicted under Section 304 Part II IPC for causing death by hitting deceased with a wooden log after a quarrel, reducing sentence from 10 years to 7 years....

The appellant, Balaji Devidas More, was convicted by the Additional Sessions Judge, Pune, under Section 304 Part II of the Indian Penal Code (IPC) for culpable homicide not amounting to murder and und...

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Bombay High Court Dismisses Petition of Slum Dweller for Profiteering from Slum Rehabilitation Tenement. Illegal Transfer and Commercial Use of Residential Premises Under Maharashtra Slum Areas Act, 1971 Upheld Eviction....

The petitioner, Rajendra R. Vishwakarma, was a slum dweller who received tenement no. 104 in 'A' wing of New Prabhat Cooperative Housing Society Ltd, Andheri (East), Mumbai, under a slum rehabilitatio...