Bombay High Court

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Bombay High Court Dismisses Petition Challenging Rejection of Application to Register 'Rashtriya Swayansevak Sangh' as a Society. Section 3A of the Societies Registration Act, 1860 Bars Registration of a Society with a Name Identical to an Existing Registered Society....

The petitioner, Janardan Moon, filed a writ petition challenging the order dated 4 October 2017 passed by the Assistant Registrar of Societies, Nagpur, rejecting his application (No.615 of 2017) for r...

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Bombay High Court Dismisses Sarpanch's Challenge to No Confidence Motion in Gram Panchayat Dispute. Petitioner's removal upheld as meeting complied with procedural requirements under Maharashtra Village Panchayats Act, 1958 and Rules....

The petitioner, Manoj Ghanshyamdas Banode, was the elected Sarpanch of Gram Panchayat Talegaon Dashasar. On 05.12.2016, a no confidence motion was passed against him by the members of the Gram Panchay...

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Bombay High Court Allows Second Appeal in Minor's Property Sale Case — Mother's Sale Without Court Permission Void. Sale of Minor's Share by Mother as De Facto Guardian Without Prior Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956 Held Void Ab Initio....

The appellant, Rameshwar Paul, originally a minor, filed a suit through his father as next friend seeking declaration that a sale deed executed by his mother, Kushavartabai, in favor of respondents No...

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Bombay High Court Allows Return of Seized Vehicle in Theft Case Under Section 457 CrPC — Vehicle Not Required for Investigation and No Other Claimant Appears. The court held that property seized under Section 102 CrPC can be returned under Section 457 CrPC, and the petitioner being the registered owner is entitled to interim custody....

The petitioner, Amol Ramhari Waje, filed a Criminal Writ Petition before the Bombay High Court (Aurangabad Bench) challenging the orders of the Magistrate and the Additional Sessions Judge rejecting h...

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Bombay High Court Quashes Criminal Proceedings in Motor Accident Claim Fraud Case Due to Lack of Prima Facie Case Under Sections 420, 467, 468, 471 IPC. Filing a false claim petition without creating false documents or dishonest inducement does not attract forgery or cheating offences under the Indian Penal Code, 1860....

The petitioner, Bhagwan Sudam Tathe, filed a Criminal Writ Petition before the Bombay High Court at Aurangabad seeking quashing of FIR No. 1 of 2018 registered at Police Station Mondha, Parbhani for o...

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Bombay High Court Acquits Accused in Hotel Murder Case Due to Lack of Direct Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC for murder of a woman in a hotel room set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Rupesh Tidke, was convicted under Section 302 of the Indian Penal Code for the murder of a woman in a hotel room. The prosecution's case was based on circumstantial evidence, primarily ...

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Bombay High Court Dismisses Petition Challenging Recovery of Excess Salary Paid to Employees Due to Wrong Fixation of Pay Scales. The Court held that recovery is permissible when the employee had knowledge of the error or when the mistake is a continuing wrong, and the principle of no recovery does not apply in such cases....

The petitioners, 13 employees of Thane Municipal Corporation, filed a writ petition challenging the Corporation's decision to recover excess salary paid to them due to wrong fixation of pay scales. Th...

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High Court Upholds Acquittal in Negotiable Instruments Act Case Due to Failure to Prove Legal Enforceability of Debt. The Court Found That Presumption Under Section 139 Did Not Extend to Legal Liability as Complainant Could Not Prove Partnership Profits Through Profit and Loss Account or Balance Sheet....

This was a criminal appeal filed by the complainant under Section 138 of the Negotiable Instruments Act, 1881 against the judgment of acquittal passed by the trial court. The complainant and the accus...