Bombay High Court

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Bombay High Court Quashes Disqualification of Sarpanch for Encroachment on Government Land in Different Village. Encroachment on land in another village cannot be ground for disqualification under Section 14(1)(j3) of Maharashtra Village Panchayats Act, 1958....

The petitioner, Bhagwat Gawali, was an elected member and Sarpanch of Gram Panchayat Morgavhan. Respondent No. 5 filed an application before the District Collector alleging that the petitioner was dis...

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Bombay High Court Allows Petition to Bring Legal Heirs on Record in Civil Suit — Duty of Pleader to Inform Court of Party's Death Under Order XXII Rule 10A CPC. Trial Court Erred in Rejecting Application for Delay Without Considering Statutory Obligation of Pleader to Communicate Death....

The Petitioner, Ida Fernandes, was the original Plaintiff in Suit No. 9046 of 2000 pending before the Bombay City Civil Court. She filed Chamber Summons No. 2836 of 2013 to bring the legal heirs of de...

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Bombay High Court Dismisses Appeal by Trustees in Trespass Suit Against Occupant Claiming Deemed Tenancy Under Maharashtra Rent Control Act, 1999. The court upheld the trial court's finding that the occupant was not a trespasser but a deemed tenant under Section 5(4)(c) of the Maharashtra Rent Control Act, 1999 due to long possession and acceptance of rent....

The appellants, trustees of Bai Bhichaiji H. Bennett Trust, filed a suit for declaration that the respondent was a trespasser in Flat No.E4 and for possession. The trust owned the property known as Si...

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Bombay High Court Upholds Conviction Under UAPA for Conspiracy to Commit Terrorist Acts — Acquittal for Attempt to Commit Offences Under IPC and UAPA. Appellants convicted under Section 18 of Unlawful Activities (Prevention) Act, 1967 for conspiracy to commit terrorist acts, but acquitted of attempt and other charges due to lack of evidence....

The case involves an appeal by Abdul Latif Abdul Rashid Shaikh @ Guddu and Riaz Ali Abubakar Shaikh @ Riyan against their conviction under Section 18 of the Unlawful Activities (Prevention) Act, 1967 ...

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Bombay High Court Acquits Accused in Attempt to Murder Case Due to Inconsistent Evidence. Conviction under Section 307 IPC Set Aside as Medical Evidence and Witness Testimony Fail to Establish Guilt Beyond Reasonable Doubt....

The appellant, Jarnail Aarjo Sardar, was convicted by the Additional Sessions Judge, Gr. Bombay in Sessions Case No. 603 of 2013 for an offence punishable under Section 307 of the Indian Penal Code, 1...

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Bombay High Court Dismisses State Appeal Against Acquittal in Rape Case of Minor — Failure to Prove Identity and Lack of Corroboration Lead to Confirmation of Acquittal. The Court held that the prosecution failed to establish the identity of the accused beyond reasonable doubt and that the child witness's testimony lacked corroboration on material particulars....

The State of Maharashtra filed an appeal under Section 378(1) of the Code of Criminal Procedure, 1973, challenging the judgment and order of acquittal passed by the learned Additional Sessions Judge, ...

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Bombay High Court Allows Appeal in Bombay Public Trust Act Suit for Declaration and Possession, Dismisses Suit as Property Not Trust Property. Earlier Suit for Injunction Dismissed for Lack of Jurisdiction Did Not Bar Subsequent Suit Under Order 2 Rule 2 CPC, and Suit Was Within Limitation....

The dispute pertained to a claim by Seth Kasturmal Dalsukh Dharmashala, a registered public trust, that certain property at Dondaicha, District Dhule, was trust property and had been illegally possess...

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Bombay High Court Quashes FIR Against Maternal Uncle in POCSO Case Due to Lack of Specific Allegations. The court held that vague allegations without specific overt acts do not constitute an offence under Sections 354A, 504, 506 IPC and Section 8 POCSO Act....

The petitioner, Ayyub Babu Shaikh, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of F...

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Bombay High Court Dismisses Writ Petition Challenging Election of Municipal Councillors for Non-Compliance with Reservation Rotation Policy. Court Held That Challenge to Election on Ground of Non-Compliance with Rotation Policy Must Be Raised Before Election, Not After Declaration of Results....

The petitioners, including a registered political party and several individuals, filed a writ petition in the Bombay High Court challenging the election of municipal councillors for the Dhule Municipa...

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Bombay High Court Allows Appeal of Accused in POCSO Case Due to Lack of Medical Evidence and Non-Examination of Material Witness. Conviction under Sections 363, 377 IPC and Section 4 POCSO Act set aside as prosecution failed to prove penetrative sexual assault beyond reasonable doubt....

The appellant, Dilip Jaglal Warkhede, was convicted by the Special Judge (POCSO Act) and Additional Sessions Judge, Nagpur in Special Criminal Case No.85/2014 for offences punishable under Sections 32...