Bombay High Court

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Bombay High Court Allows Partition Suit in Family Property Dispute — Plaintiff Entitled to 1/5th Share. Co-owner's Right to Partition Upheld Despite Unproven Allegations of Oral Partition and Will....

The suit was filed by Indira Rajguru, a resident of the United Kingdom, against her brothers and sister (defendants) for partition and separate possession of a property situated in Mumbai. The plainti...

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Bombay High Court Dismisses Petition Challenging Denial of Remission to Convict Based on Adverse Judicial Appraisal. Remission Under Section 432 CrPC Requires Well-Informed, Reasonable Decision and Judicial Appraisal is a Relevant Factor....

The petitioner, Satish Dada Londhe, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court challenging the denial of remission under Government Circ...

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Bombay High Court Dismisses Appeal as Abated Due to Death of Appellant in Corruption Case. Appeal Against Conviction Under Prevention of Corruption Act Abates Under Section 394 CrPC as No Legal Heir Can Continue Challenge to Conviction....

The appellant, Vijay Parvatrao Salunkhe, a police constable, was convicted by the trial court for offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 19...

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Bombay High Court Clarifies Scope of Hearing at Admission Stage of Victim's Appeal Under Proviso to Section 372 Cr.P.C. — No Leave Required, Summary Dismissal Permissible After Hearing. The court held that the hearing at admission stage is not a full-fledged hearing but an opportunity to show sufficient ground for interference under Section 384 Cr.P.C....

The Bombay High Court addressed the scope of hearing at the admission stage of an appeal filed by a victim under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The appli...

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Bombay High Court Upholds Eviction Decree for Unlawful Subletting Under Bombay Rent Act. Tenant's Induction of Third Parties into Suit Premises Constitutes Subletting Under Section 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947....

The petitioners (defendants) challenged the judgment and decree dated 20th December 1997 passed by the learned IV Extra Joint District Judge, Pune in Civil Appeal No.882 of 1995, which allowed the app...

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Bombay High Court Dismisses Appeal in Arbitration Execution Dispute — Award Under 1940 Act Cannot Be Enforced Under 1996 Act. Court holds that arbitration agreement entered into before 1996 Act came into force is governed by the 1940 Act, and award must be filed in court for enforcement under that Act....

The appellant, M/s. Radhey Shyam Associates, filed a Letters Patent Appeal challenging the judgment of a learned Single Judge of the Bombay High Court dated 11.02.2008, which dismissed their Writ Peti...

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Bombay High Court Upholds Conviction of Kidnappers for Ransom and Attempt to Murder in Minor Boy Abduction Case. Appellants convicted under Sections 363, 364A, 307, 120B IPC and Section 4 of the Maharashtra Control of Organised Crime Act, 1999 for kidnapping a minor for ransom and throwing him into a well....

The case involves two appeals filed by Bhagwan Gajanan Phandat and Madhao Ravindra Kapade against their conviction by the Additional Sessions Judge, Khamgaon, in Sessions Trial No. 99 of 2011. The app...

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Bombay High Court Dismisses Writ Petition Challenging Reversion of Head Clerk to Senior Clerk. Reversion Upheld as Petitioner Was Junior to Respondent No. 5 and Appointment Was Subject to Seniority Determination Under Maharashtra University Act, 1994....

The petitioner, Khalil Ahamad Khan, was employed as a Senior Clerk at Amolakchand Mahavidyalaya, Yavatmal. He was promoted to Head Clerk on 01.06.2006. Respondent no.5, Bandu Kashinath Akkawar, was al...

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Bombay High Court Allows Petition in Evidence Act Case — Bailiff's Report Held Public Document Under Section 74. Certified Copy Admissible Under Section 77, But Trial Court Must Give Opportunity to Rebut Contents....

The petitioner, Sushilkumar Mandanlal Ganediwal, was the original defendant no.1 in a civil suit for declaration and possession filed in the Court of Civil Judge, Senior Division, Amravati. Respondent...

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Bombay High Court Allows Suspension of Sentence and Bail to Convict in Murder Case — Long Incarceration and Clean Antecedents Considered. The court suspended the sentence of the applicant convicted under Sections 143, 147, 148, 302, 307 read with 149 IPC and granted bail pending appeal....

The applicant, Rajesh Aglesh @ Akhilesh Raman, was convicted as accused No.2 along with others for offences punishable under Sections 143, 147, 148, 302, 307 read with 149 and Section 307 of the India...