Bombay High Court

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Bombay High Court Quashes FIR in SC/ST Atrocities Case Due to False Complaint and Lack of Public View Element. The court held that the complaint was retaliatory and the essential ingredient of public view under Section 3(1)(x) of the SC/ST Act was not satisfied....

The applicant, Dr. Yogesh Shankarlal Gupta, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 213 of 2006 registered at Worli Police S...

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Bombay High Court Upholds Conviction of Neighbour for Rape of Minor Under IPC and POCSO Act — Testimony of Child Victim Found Credible Despite Minor Contradictions. The court held that the sole testimony of a minor victim, if credible, is sufficient to convict for rape, and age can be proved by school records....

The appellant, Pramod Dattatraya Jadhav, was convicted by the Additional Sessions Judge, Nashik for offences under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from...

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Bombay High Court Dismisses Contempt Petition Against Shareholders for Alleged Scandalous Allegations in Legal Proceedings. Filing of false cases does not constitute criminal contempt unless it scandalizes the court or impedes administration of justice under Section 2(c) of Contempt of Courts Act, 1971....

The petitioner, Housing Development Finance Corporation Limited (HDFC), filed a contempt petition against respondent shareholders Sureshchandra V. Parekh and Nila S. Parekh, alleging that they had ins...

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Bombay High Court Allows Caste Claim of Migrant from Karnataka to Maharashtra Based on Pre-Reorganisation Same State Principle. Petitioner's claim for Mahar Scheduled Caste cannot be denied solely on ground of migration when both areas were part of same State prior to reorganisation....

The petitioner, Sagar Bhupal Malage, an Assistant Public Prosecutor in Sangola, Maharashtra, challenged the order dated 11/9/2014 of the Divisional Caste Scrutiny Committee No.2, Kolhapur, which rejec...

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Bombay High Court Allows Petitioners' Claim for Rental Compensation in Land Acquisition Case. Petitioners Entitled to Rental Compensation Under Government Resolutions for Possession Taken Before Acquisition Proceedings....

The petitioners, including The Ichalkaranji Cooperative Spinning Mills Ltd. and Sou. Kishori P. Awade and others, filed writ petitions challenging a land acquisition award under the Land Acquisition A...

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Bombay High Court Full Bench Answers Reference on Entitlement of Second Wife to Family Pension under Maharashtra Civil Services (Pension) Rules, 1982. The Court examines Rule 116(6)(a)(i) in light of Hindu Marriage Act and personal laws....

The matter came before the Full Bench of the Bombay High Court upon a reference by a Division Bench to resolve the question whether the second wife of a deceased government employee is entitled to fam...

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Bombay High Court Allows Family Court Appeal in Interfaith Marriage Nullity Case — Marriage Between Hindu and Christian Not Void Ab Initio Under Hindu Marriage Act. Court Holds That Family Court Erred in Rejecting Petition Under Order VII Rule 11 CPC Without Considering Applicability of Section 5 of Hindu Marriage Act, 1955....

The Appellant, a Hindu woman, married the Respondent, a Christian man, on 28 May 1996 in Mumbai. The marriage was registered under the Bombay Registration of Marriages Act, 1953 on 25 July 1996. After...

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Bombay High Court Upholds Cutting of Remission for Late Return from Parole but Orders Refund of Illegal Deposit. Parolee's two-day delay in reporting back to prison justified cutting remission by two days, but the condition requiring deposit of Rs.15,000 for grant of parole is illegal and must be refunded....

The judgment concerns two criminal writ petitions filed by life convicts challenging the cutting of remission for late return from parole and seeking refund of deposits made as a condition for parole....