Bombay High Court

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Bombay High Court Upholds Conviction of Nigerian National in NDPS Case — 13-Year Rigorous Imprisonment Affirmed. Conscious possession of 2.5 kg heroin in checked-in baggage established; presumption under Section 35 NDPS Act not rebutted....

The appellant, Okacha Mike, a Nigerian national aged 68 years, was convicted by the Special Judge under the NDPS Act for offences punishable under Sections 21(c) read with 8(c) read with 28 read with ...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Circumstantial Links. Conviction under Sections 302, 392, 201 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellants, Anandrao @ Anil Baban Kharade and Vijay Hiraman Bahare, were convicted by the adhoc Additional Sessions Judge, Greater Bombay at Sewree in Sessions Case No. 60 of 2010 for the murder o...

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Bombay High Court Allows Landlord's Petition in Rent Control Case — Personal Bonafide Need and Structural Changes by Tenant Established. Landlord's requirement for suit shop for his son's business and tenant's unauthorized structural alterations held sufficient grounds for eviction under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947....

The petitioner, original plaintiff and landlord, filed a writ petition challenging the judgment and order dated 20.10.2003 of the appellate court in RCA No.244 of 1999, which reversed the trial court'...

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Bombay High Court Allows Writ Petition Challenging Rejection of Nomination for Gram Panchayat Election Due to Non-Compliance with Toilet Requirement Under Section 14(1)(j-5) of Maharashtra Village Panchayats Act, 1959. The Court held that the Returning Officer must give an opportunity to the candidate to explain or produce documents before rejecting nomination....

The petitioner, Sushila Sukram Naik, filed a writ petition before the Bombay High Court, Bench at Aurangabad, challenging the rejection of her nomination for the post of Member of Gram Panchayat Daul,...

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Bombay High Court Allows Revision Against Sessions Court Order Setting Aside Issuance of Process Under Section 406 IPC. Revisional Court Cannot Record Findings on Merits at Stage of Issuance of Process....

The complainant, Salimbhai, filed a complaint before the Judicial Magistrate First Class, Nagpur, alleging an offence under Section 406 of the Indian Penal Code (IPC) against the accused. The magistra...

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Bombay High Court Allows Discharge of Accused in SC/ST Act Case for Lack of Knowledge of Victim's Caste. Touching incident in bus not an offence under Section 3(1)(w) of SC & ST (Prevention of Atrocities) Act, 1989 without proof that accused knew victim was a member of Scheduled Caste or Scheduled Tribe....

The applicant, Satish Yetare, a journalist, filed a criminal revision application challenging the order dated 20.10.2015 passed by the 1st Ad hoc Additional Sessions Judge, Kelapur in Special (Atro) C...

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Bombay High Court Acquits Husband and Co-Accused in Dowry Death Case Due to Inconsistent Dying Declarations. Conviction under Sections 302, 498A, and 109 IPC set aside as dying declarations were contradictory and not reliable....

The case involves an appeal by Sanjay Ramkrushna Bhatkar (appellant No. 1) and Kiran Sukhdev Muley (appellant No. 2) against their conviction by the Additional Sessions Judge, Akola, in Sessions Trial...

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Bombay High Court Quashes FIR in Essential Commodities Act Case Due to Invalid Investigation by Assistant Commissioner of Police. Investigation by officer not of rank of Deputy Superintendent of Police violates Section 6A of Essential Commodities Act, 1955, leading to quashing of FIR and proceedings....

The petitioners, Sarvesh Kumar Shahi and Samiresh Kumar, filed a writ petition before the Bombay High Court challenging the initiation of proceedings against them pursuant to FIR No. 18 of 2018 regist...

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Bombay High Court Allows Assessee's Appeal in Income Tax Case — Forfeited Amount Under Abandoned Contract Held as Revenue Expenditure. Amount forfeited for failure to complete purchase of windmill project treated as business loss deductible under Section 37(1) of Income Tax Act, 1961, not capital expenditure....

The appellant, an individual assessee, filed his return of income for the assessment year 2009-2010 claiming a deduction of Rs.90,00,000/- as revenue expenditure. This amount represented an advance pa...

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Bombay High Court Acquits Appellant in Rape and POCSO Case Due to Inconsistent Testimony and Lack of Corroboration. Consent of Minor is Irrelevant but Prosecution Failed to Prove Sexual Assault Beyond Reasonable Doubt....

The appellant, Gorakshya Arjun Mahakal, was convicted by the Special Judge (POCSO), Kalyan, for offences punishable under Section 376 of the Indian Penal Code and Section 4 of the Protection of Childr...