Bombay High Court

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Bombay High Court Dismisses Discharge Applications in Building Collapse Case — Prima Facie Case Made Out Under IPC and Prevention of Corruption Act. Court held that at the stage of framing of charge, only a prima facie case is required and the trial court correctly rejected discharge applications under Section 227 CrPC....

The judgment pertains to two criminal revision applications filed by accused persons in a case arising from a building collapse. The applicants, Shrikant Rajaram Sarmokdam (accused No.22) and Hira Sit...

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Bombay High Court Quashes FIR in IPC Case Due to Malicious Prosecution and Civil Dispute. Court holds that criminal proceeding was maliciously instituted due to private grudge, falling within Bhajan Lal parameters for quashing under Section 482 CrPC....

This criminal application under Section 482 of the Code of Criminal Procedure, 1973 was filed before the Bombay High Court seeking quashing of FIR No. I176/2018 registered at Kotwali Police Station, A...

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High Court Quashes FIR Against Accused in Assault Case Due to Previous Enmity. Allegations of Assault Were Motivated by Civil Dispute and Lack of Evidence, Bringing Case Within Parameters for Quashing FIR Under Section 482 of the Code of Criminal Procedure as Laid Down in State of Haryana v. Bhajan Lal....

The matter arose from an application under Section 482 of the Code of Criminal Procedure, 1973 filed by the applicant before the Bombay High Court, Aurangabad Bench, seeking quashing of an FIR registe...

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Bombay High Court Quashes FIR for Offences under IPC and Atrocities Act Due to Illegal Order under Section 156(3) CrPC. Magistrate's Order Under Section 156(3) After Taking Cognizance and Conducting Enquiry Under Section 202 Renders Subsequent FIR Void, as It Violates the Pre-Cognizance Stage Requirement Under the Code of Criminal Procedure, 1973....

The dispute arose from a complaint filed by an electrician against a builder alleging non-payment of dues for electric fitting work and caste-based abuse and assault. The informant initially approache...

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Bombay High Court Upholds Magistrate's Order Issuing Process in Criminal Complaint — Order Reflects Application of Mind Despite Being Brief. Magistrate's one-paragraph order considered complaint allegations, documents, and court orders, satisfying requirement of judicial application of mind under Section 204 CrPC....

The petitioner, Pramod Kumar Agrawal, challenged an order passed by the learned Magistrate on 7.11.2014 issuing process against him in a criminal complaint filed by respondent No.1, Ashish Agrawal. Th...

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High Court of Bombay Dismisses Petition Challenging Appointment of Chief Translator and Interpreter, Upholds Overriding Rule 58 of Bombay High Court Appellate Side Service Rules, 2000. Chief Justice's Power to Relax Qualifications Under Rule 58(b) Not Arbitrary, Absence of Eligible Candidate Found Suitable Justified Relaxation....

The writ petition challenged the promotion of respondent no.2 as Chief Translator and Interpreter. Petitioner Maroti, the sole Deputy Chief Translator and Interpreter at the Nagpur Bench, was intervie...

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Bombay High Court Allows Amendment and Recasting of Issues in Property Suit — Petitioner Granted Opportunity to Amend Plaint and Add Relief of Possession Under Order VI Rule 17 CPC. Trial Court's Rejection of Amendment and Recasting of Issue Set Aside as Premature and Contrary to Law....

The petitioner, Archana Ashok Amburle, filed a Regular Civil Suit No.6 of 2012 before the Civil Judge, Junior Division, Dapoli, seeking a mandatory injunction for removal of a house and toilet constru...

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Bombay High Court Quashes Demand Notice for Transfer Fees in Liquor License Shifting. Held that privilege fees not payable where shifting was compelled by Supreme Court directions and later rendered unnecessary by clarificatory order, and no actual transfer occurred....

The petitioner, holding a liquor license for a shop in Pune Municipal Corporation, was affected by the Supreme Court's order in State of Tamil Nadu v. K.Balu (2016) banning liquor shops within 500 met...

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Bombay High Court Partly Allows Quashing Petition in Dowry and Cheating Case, Exonerates Married Sister and Marriage Bureau Owner. FIR Quashed for Accused Nos. 4 and 5 as No Specific Role Attributed in Offences under Sections 420, 498A, 323, 504, 506, 406 IPC and Dowry Prohibition Act, 1961....

The petitioners, who were original accused in a dowry harassment and cheating case, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Aurangab...