Bombay High Court

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Bombay High Court Upholds Conviction of Relative for Sexual Assault of 11-Year-Old Girl under POCSO Act and IPC. Court holds that showing obscene pictures to a child constitutes sexual assault and that the victim's testimony is credible despite minor inconsistencies....

The appellant, Mahadev Gurling Kamble, was convicted by the Special Judge under the POCSO Act, Sangli, for offences punishable under Section 354A(i)(2) of the Indian Penal Code and Sections 8, 10, and...

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Bombay High Court Dismisses Petitioner's Challenge to MRT Order on Res Judicata in Tenancy Proceedings. Earlier Dismissal for Default Does Not Bar Subsequent Proceedings Under Section 32G of Bombay Tenancy and Agricultural Land Act, 1948....

The petitioner, Ashish Chandrasingh Jhaveri, filed a writ petition before the Bombay High Court challenging the order dated 2nd November, 2018 passed by the Maharashtra Revenue Tribunal (MRT), Mumbai,...

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Bombay High Court Quashes Divisional Commissioner's Order Cancelling Explosives Licence for Violation of Natural Justice. Failure to Provide Copy of Appeal and Hearing to Licencee Renders Appellate Order Unsustainable Under Explosives Act, 1884....

The petitioner, Kalunath Jogi, was granted an explosives licence under the Explosives Act, 1884 by the Additional District Magistrate, Yavatmal, vide order dated 07.04.2015. Respondent No.4, Niranjan ...

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Bombay High Court Allows Appeal in Motor Accident Claim, Holds Owner and Insurer Vicariously Liable for Driver's Negligence Despite Breach of Instructions. The court ruled that carrying excess passengers does not absolve the owner of vicarious liability when the driver was acting in the course of employment under Section 166 of the Motor Vehicles Act, 1988....

This appeal under Section 173 of the Motor Vehicles Act, 1988, was filed by the claimants, Malanbai and Vanita, challenging the judgment of the Claims Tribunal which held them entitled to compensation...

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Bombay High Court Acquits Accused in Prostitution Case Due to Lack of Corroboration. Conviction under Sections 363, 366A IPC and Section 5 of Immoral Traffic (Prevention) Act set aside as sole testimony of victim was uncorroborated and unreliable....

The appellant, Mrs. Amina @ Saniya M. Shakil Shaikh, was convicted by the Assistant Sessions Judge, Solapur, for offences under Sections 363, 366A read with 34 of the Indian Penal Code and Section 5 o...

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Bombay High Court Allows Asset Disclosure Application Against Judgment Debtors Despite Suit Disposal — Order XXI Rule 41 CPC Applicable in Execution Proceedings. Court Rejects Functus Officio Argument and Holds That Existence of Security Does Not Bar Disclosure Order....

The Plaintiff filed a suit for recovery of Rs.1.26 Crores against the Defendants, which was decreed by consent terms dated 14th June 2016, wherein the Defendants admitted liability and agreed to pay R...

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High Court Dismisses Petition Challenging Arbitral Award in Contract Dispute — Variation of Agreement by Conduct Upheld. Court holds that acceptance of increased bottling charges through joint account adjustments and subsequent correspondence constitutes valid modification of contract under Section 7 of the Contract Act....

The petitioner, John Distilleries Pvt. Limited, engaged the respondent, The Brihan Maharashtra Sugar Syndicate Limited, for manufacturing liquor products under an agreement dated 1 March 2007. The agr...

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Bombay High Court Quashes Supersession of Agricultural Produce Market Committee for Violation of Natural Justice. Order of Supersession Under Section 14(1) of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 Set Aside for Non-Compliance with Mandatory Show Cause Notice Requirement....

The petitioners, who were members of the Umrane Agricultural Produce Market Committee, challenged the order of supersession of the committee passed by the District Deputy Registrar, Cooperative Societ...