Bombay High Court

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High Court of Bombay at Goa Quashes Order Allowing Additional Evidence in Criminal Appeal Under Section 482 CrPC — Failure to Satisfy Conditions of Order XLI Rule 27 CPC. Appellate Court Must Record Due Diligence and Necessity Before Permitting Additional Documents....

The petitioners, Smt. Theresa D'Souza and Smt. Thelma D'Souza, filed a criminal writ petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 19...

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Bombay High Court Dismisses Wife's Application to Stay UK Divorce Proceedings and Grant Anti-Suit Injunction. Court holds that Indian courts cannot restrain a party from pursuing divorce proceedings in a foreign court where the respondent is domiciled and the marriage was not consummated in India....

The plaintiff wife filed a Notice of Motion seeking an ex-parte ad-interim order to stay divorce proceedings initiated by the defendant husband in the Family Court, Manchester, UK, and an injunction r...

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Bombay High Court Upholds Life Conviction for Murder in Business Dispute — Hammer and Knife Attack Constitutes Murder Under Section 302 IPC. Altercation over unpaid dues does not reduce culpability to culpable homicide as the attack was premeditated and not a sudden quarrel without premeditation....

The appellant, Umesh Kishore Garodia, was convicted under Section 302 of the Indian Penal Code for the murder of Pradip Modi, a business associate. The incident occurred on 14 October 2008 between 3:0...

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Bombay High Court Dismisses Developer's Challenge to High Power Committee Order in Slum Rehabilitation Dispute. Committee's decision to replace developer with new developer upheld as within its powers under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 and the Development Control Regulations for Greater Mumbai, 1991....

The petitioner, M/s. Sreepati Built Infras Investment Ltd., a developer, challenged the order dated 29/4/2017 passed by the High Power Committee (respondent No.7) constituted under the Maharashtra Slu...

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Bombay High Court Dismisses Petition Challenging Professor Selection in Marathi Department. Court Upholds Selection Committee's Discretion in Assessing API Scores and Interview Performance, Affirms Appellate Authority's Order Under Section 76(7) of Maharashtra Universities Act, 1994....

The petitioner, Dr. Pramod Munghate, challenged the selection and appointment of respondent No.3 as Professor in Marathi at the University of Mumbai. The University had advertised the post on 30/11/20...

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Bombay High Court Dismisses Probate Suit Challenging Will on Grounds of Suspicious Circumstances and Lack of Testamentary Capacity. Will dated 9th March 1981 held not duly executed and attested as required under Section 63 of the Indian Succession Act, 1925....

The case concerns a testamentary suit filed by Sulochana Dinanath Tarkar (since deceased, represented by her sons Sunil and Harish) seeking Letters of Administration with the Will of Dinanath Harishch...

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Bombay High Court Allows Second Appeal in Land Encroachment Dispute, Remands for Fresh Consideration of Cadastral Survey Evidence. The court held that the lower appellate court failed to properly consider the Cadastral Surveyor's report which found encroachment of 1½ gunthas over the plaintiff's share, and remanded the matter for fresh adjudication....

The present second appeal was filed by the original plaintiff, Raghunath Kashinath Chavan, against the judgment and decree passed by the lower appellate court which reversed the trial court's decree i...

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Bombay High Court Allows Release of Seized Vehicle in Favour of Petitioner in IPC Offences Case — Vehicle Not Required for Investigation, Magistrate's Rejection Set Aside. Petitioner, a hirer of the vehicle, entitled to release under Section 457 Cr.P.C. despite forensic report of tampered chassis number, as vehicle not needed for investigation....

The petitioner, Santosh Shivaji Vaidya, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench, challenging the orders of the Magistrate and the Revisional Court rejecting his a...

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Bombay High Court Acquits Appellants in Culpable Homicide Case Due to Lack of Intent and Medical Evidence. Conviction under Section 304 Part II IPC set aside as injuries were not sufficient to cause death in ordinary course of nature and no common intention to cause death was established....

The appellants, Waman Shendge and his wife Kantabai, were convicted by the 2nd Adhoc Additional Sessions Judge, Washim on 31.8.2006 in Sessions Trial No. 28/2006 for the offence punishable under Secti...

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Bombay High Court Quashes Externment Orders Against Petitioners in Maharashtra Police Act Case — Orders Set Aside for Non-Compliance with Section 56(1)(b) Requirements. Failure to Record Subjective Satisfaction and Provide In-camera Statements Renders Externment Orders Invalid....

The Bombay High Court at Nagpur Bench heard three criminal writ petitions challenging externment orders passed under Section 56(1)(b) of the Maharashtra Police Act, 1951. The petitioners, Shaikh Shahi...