Bombay High Court

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Notice sent by registered post but not actually delivered to the accused; court holds that presumption of service under Section 27 of General Clauses Act is rebuttable and not automatic....

The applicant, Girish Gangaram Chitta, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. I129/2017 registered at Tofkhana Police Statio...

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Bombay High Court Acquits Accused in Food Adulteration Case Due to Non-Compliance with Sampling Rules. Failure to Follow Rule 14 and Rule 22 of Prevention of Food Adulteration Rules, 1955 Renders Conviction Unsustainable....

The case involves a criminal revision application filed by Santosh Dattatreya Mamidwar, the accused, challenging his conviction under the Prevention of Food Adulteration Act, 1954. The Food Inspector,...

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Bombay High Court Allows Petition of Elected President in Municipal Council Disqualification Dispute — President Retains Authority to Preside Despite Notice of Disqualification. No Disqualification Without Final Order Under Maharashtra Municipal Councils Act, 1965....

The petitioner, Dr. Gazala Yasmeen, was elected as President of Mangrulpir Municipal Council on 31st December 2016 under Section 51A1A(1) of the Maharashtra Municipal Councils, Nagar Panchayats and In...

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Bombay High Court Allows Landlord's Writ Petitions in Eviction Case Based on Bona Fide Need. Appellate Court's reversal of eviction decrees set aside for ignoring settled legal principles regarding landlord's bona fide need under Section 13(1)(g) of the Maharashtra Rent Control Act, 1999....

The petitioner, Nilkanthrao Raghunathji Chute, is the landlord of a building known as 'Sai Sadan' in Nagpur, which contains four shops on the ground floor. The respondents are tenants in occupation of...

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Bombay High Court Acquits Accused in SC/ST Act Case Due to Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred in Cattle Shed, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989....

The appellants, Raju Dashrath Sadar, Suresh Dashrath Sadar, Bharat Dashrath Sadar, and Ganesh Bhagwat Sadar, were convicted by the 2nd Ad hoc Additional Sessions Judge, Washim on 28.11.2005 in Atrocit...

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High Court of Judicature at Bombay Directs State Government to Expedite Land Allotment for New High Court Complex in PIL on Court Infrastructure. Need for Adequate Judicial Infrastructure Recognized as Fundamental to Rule of Law; State Obligated to Provide Suitable Premises....

This Public Interest Litigation was filed by an advocate practicing at the Bombay High Court, seeking a writ of mandamus directing the State Government to provide a new building with modern infrastruc...

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Bombay High Court Acquits Accused in POCSO Case Due to Hostile Witnesses and Lack of Corroboration. Conviction under Section 6 of POCSO Act Set Aside as Medical Evidence Alone Insufficient Without Victim's Testimony....

The appellant, Imran Shamim Khan, was convicted by the Special Judge under the POCSO Act, Gr. Bombay in Sessions Case No. 923 of 2013 for offences under Section 6 of the Protection of Children from Se...

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Bombay High Court Acquits Accused in Rape Case Due to Material Contradictions and Lack of Corroboration. Conviction Under Section 376 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Nitin Shamrao Patil, was convicted by the Additional Sessions Judge, Islampur, for offences under Sections 376 and 506 of the Indian Penal Code, 1860, and sentenced to seven years rigor...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Construction Contract Dispute — Upholds Claims for Reimbursement and Infructuous Expenses but Sets Aside Award for Loss of Profits as Unsupported by Evidence. The court held that loss of profits cannot be awarded without proof of actual loss and that the contractor failed to discharge its burden....

The Municipal Corporation of Greater Bombay (MCGM) challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The dispute arose from a construction contract for grade...

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Bombay High Court Upholds Conviction for Robbery with Deadly Weapon in Night-Time Incident — Injuries on Appellant Explained by Mob Apprehension. The court held that the testimony of four injured eyewitnesses was credible and the non-recovery of the knife did not discredit the prosecution case under Section 394 read with Section 397 IPC....

The appellant, Mahesh Ramprasad Gupta, was convicted by the 2nd Additional Sessions Judge, Akola in Sessions Trial No. 131/2002 for offences under Section 394 read with Section 397 of the Indian Penal...