Bombay High Court

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Bombay High Court Allows Revision in Rape Case Based on Consent — Victim Major and Consenting Party, Ingredients of Section 376 IPC Not Attracted. The Court held that where the victim is a major and the material on record prima facie shows consent, the applicant is entitled to discharge under Section 376 IPC....

The applicant, Ritesh Aswar, was charged with rape under Section 376 of the Indian Penal Code. The victim, aged 21 years, lodged a report alleging rape. The applicant filed Criminal Application (APL) ...

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Bombay High Court Dismisses Revision Against Maintenance Order Under Section 125 CrPC Despite Prior Section 24 Hindu Marriage Act Order. No Bar to Maintenance Under Section 125 CrPC Even if Interim Maintenance Was Granted Under Section 24 of Hindu Marriage Act, as the Prior Order Ceased on Conclusion of the Matrimonial Petition....

The case involves a criminal revision application filed by the husband, Atul Vasantrao Parmarthi, challenging the order of the Family Court granting maintenance to his wife, Pallavi Atul Parmarthi, un...

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Bombay High Court Converts Murder Conviction to Culpable Homicide Not Amounting to Murder in Domestic Assault Case. Appellant-wife convicted under Section 304(II) IPC for causing death of husband during sudden quarrel, reducing sentence from life to six years....

The appellant, Smt. Parvati Nandkishore Taksalkar, was convicted by the Additional Sessions Judge, Greater Mumbai, for the offence punishable under Section 304(II) of the Indian Penal Code and sentenc...

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Bombay High Court Dismisses Appeal in Testamentary Case — Disqualification Under Section 25 of Hindu Succession Act, 1956 for Murder of Husband. Conviction for murder of husband disqualifies widow from inheriting his estate as 'murderer' under Section 25 of Hindu Succession Act, 1956....

The case involves an appeal against an order of the learned Single Judge of the Bombay High Court dismissing a Chamber Summons filed by the Appellant, Jaya Talakshi Chheda, in testamentary proceedings...

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Bombay High Court Allows Second Appeal in Specific Performance Suit Involving Tribal Land Transfer. Decree for specific performance of agreement to sell tribal land to non-tribal can be granted subject to obtaining permission under Section 36A of Maharashtra Land Revenue Code....

The appellant, Babasaheb Dhondiba Kute, a non-tribal, entered into an agreement dated 31.07.2001 with the respondent, Radhu Vithoba Barde, a tribal, for the purchase of agricultural land measuring 80 ...

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Bombay High Court Allows Teacher's Appointment in Minority School Without Prior Approval Under MEPS Act. Petitioner's appointment as Assistant Teacher in a minority-aided school held valid despite lack of prior approval from Education Officer, as minority institutions have autonomy in staff selection under Article 30(1) of the Constitution....

The petitioner, Sunil s/o Rajendra Fawade, was appointed as an Assistant Teacher by respondent no. 3, Saint Kabir Bahuudesiya Shiksan Prasarak Mandal, which runs Sanskar Wardhini High School, a minori...

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Bombay High Court Acquits Accused in Adultery Case Following Supreme Court's Declaration of Section 497 IPC as Unconstitutional. Conviction under Section 497 IPC set aside as the provision was struck down in Joseph Shine v. Union of India, with retrospective effect....

The case involves a criminal revision application filed by Rupesh Haribhau Mundle against his conviction under Section 497 of the Indian Penal Code (IPC) for adultery. The Judicial Magistrate First Cl...

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Bombay High Court Dismisses Petition Challenging Mutation Entry in Revenue Records — Dispute Over Property Inheritance and Mutation Entry Cannot Be Decided in Writ Jurisdiction; Remedy Lies Before Civil Court....

The petitioners, five individuals claiming to be co-owners of certain agricultural lands in Ranewadi, Kasal, Taluka-Kudal, District Sindhudurg, filed a writ petition under Article 226 of the Constitut...