Bombay High Court

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Bombay High Court Quashes Criminal Proceedings Against Public Servants in SC/ST Act Case for Lack of Sanction Under Section 197 CrPC. Cognizance of Offences Under Sections 504, 506 IPC and Sections 3(1)(x), 3(1)(xi) of SC/ST Act Set Aside as Mandatory Sanction Not Obtained....

The petitioners, Amol Pralhad Bharati, Kapil Shiv Bharati, Pralhad Onkar Bharati, and Avinash Pralhad Bharati, were original accused in Regular Criminal Case No.93 of 2012 pending before the Special C...

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Bombay High Court Quashes Criminal Proceedings Against In-Laws in Dowry Harassment Case Due to Lack of Specific Allegations. General and Omnibus Allegations Against Distant Relatives and Married Sisters Not Sufficient to Sustain Charges Under Section 498-A IPC....

The present application was filed by the original accused persons (applicants) under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Regular Criminal Case No. 131 of 2017 pend...

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Bombay High Court Acquits Accused in SC/ST Act Case Due to Inconsistent Evidence and Absence of Public Witness. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989....

The case involves an appeal against conviction under the SC & ST (Prevention of Atrocities) Act, 1989 and various sections of the Indian Penal Code. The incident allegedly occurred on 12th August 2012...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — No Contributory Negligence Proven. The court upheld the compensation of Rs.14,12,000/- awarded to the claimants, finding that the deceased was not negligent as the insured vehicle was on the wrong side....

The case arises from a motor accident claim petition filed by the legal representatives of Manik Holambe, who died in a collision between his motorcycle and a jeep insured by the appellant, New India ...

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Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation from Rs.11,03,500 to Rs.9,63,500. Court holds that future prospects should be added at 40% for self-employed mason aged 35, and multiplier of 16 is appropriate under Section 166 of Motor Vehicles Act, 1988....

The appeal was filed by The New India Assurance Co. Ltd. against the judgment and award dated 30.11.2016 passed by the Motor Accidents Claims Tribunal, Wardha in M.A.C.P. No. 26/2015. The claimants, w...

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Bombay High Court Allows Appeal in Dishonour of Cheque Case — Presumption Under Section 139 of Negotiable Instruments Act Not Rebutted by Accused. The Court held that the accused failed to rebut the presumption of legally enforceable debt, and the trial court erred in acquitting the accused based on insufficient evidence....

The appellant, Mrs. Mercy D'costa Salve, filed three criminal appeals against the judgment and order dated 23.08.2017 passed by the Judicial Magistrate First Class (Special Court for N.I. Act), Nagpur...

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Bombay High Court Upholds Conviction for Sexual Assault of Minor Under POCSO Act and IPC Section 354B — Delay in FIR Registration Explained by Fear of Defamation. The court held that the child victim's testimony was credible and the delay in FIR was satisfactorily explained, affirming the trial court's judgment....

The appellant, Paresh @ Kamlesh Prakash Dhanvatkar, was convicted by the Sessions Court, Nagpur in Special Child Criminal Case No.154 of 2015 for offences under Section 354B of the Indian Penal Code (...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Settlement Under Own Policy Bars Further Recovery. Claimant who accepted full and final settlement from his own insurer cannot claim compensation from the opposite insurer for the same damage under the Motor Vehicles Act, 1988....

The New India Assurance Co. Ltd. appealed against the judgment and award of the Motor Accidents Claims Tribunal (MACT), North Goa, Panaji, dated 18.11.2008, which partly allowed the claim of responden...