Bombay High Court

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42(2) and Lack of Independent Witnesses. Conviction under Sections 8(c), 20(b)(ii)(c), and 29 of NDPS Act set aside as mandatory procedural safeguards were violated....

The appellant, Salim Jamshed Ali Shaikh @ Kanya, was convicted by the Special Judge (NDPS Act), Mumbai, in Special Case No.78 of 2010 for offences under Section 8(c) read with 20(b)(ii)(c) and Section...

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Bombay High Court Upholds Prison Punishment for Parole Overstay in Remission Cutting Case. Petitioner's failure to surrender after parole extension due to father's illness not justified as family members were available to care....

The petitioner, Bhimrao Sadhu Jadhav, was a prisoner lodged in Kolhapur Central Prison. He was granted parole on 6.4.2000 and released on 23.6.2000 for 30 days, later extended by another 30 days. He w...

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High Court Dismisses Writ Petition Challenging Scheduled Tribe Certificate Invalidity — Claim of Belonging to Koli Mahadev Tribe Rejected....

The petitioner, claiming to belong to the Koli Mahadev Tribe, sought to quash an order from the Scheduled Tribe Certificate Scrutiny Committee that invalidated her caste certificate. The petitioner as...

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Bombay High Court Allows Writ Petition of Non-Teaching Employees for Release of Salary Arrears Withheld Due to Criminal Complaint Against Institution's Office Bearers. Criminal Complaint Against Office Bearers in Personal Capacity Not a Ground to Withhold Employees' Salaries Under Grant-in-Aid Conditions....

The petitioners, non-teaching employees of Respondent No.4 institution, filed a writ petition seeking a mandamus directing the respondents to act upon an order dated 31/3/2009 and release their salary...

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Bombay High Court Acquits Husband in Cruelty and Abetment of Suicide Case Due to Lack of Evidence of Dowry Demand or Instigation. Demand for Medical Treatment Expenses Not Dowry Under Section 498A IPC; No Proof of Abetment Under Section 306 IPC....

The appellant, Balaji Vithal Kinhale, was convicted by the trial court for offences under Sections 498A and 306 of the Indian Penal Code (IPC) for allegedly subjecting his wife Narmada to cruelty and ...

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Bombay High Court Allows Petitions Declaring Lapse of Reservation for Garden Under MRTP Act, 1966 Due to Failure to Acquire Within One Year of Notice. Reservation Lapses Absolutely as No Declaration Under Section 126 Was Published Despite Proposal to Collector....

The petitioners, owners of two parcels of land in Borivali, Mumbai, filed writ petitions seeking a declaration that the reservation of their lands for a public garden under the Maharashtra Regional an...

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Bombay High Court Allows Redemption of Mortgage Despite Delay in Filing Final Decree Application — Limitation Not Applicable to Order 34 Rule 8 CPC Proceedings. The court held that an application for final decree of redemption is a step in the suit and not an independent proceeding, hence not subject to limitation under the Limitation Act, 1963....

The case involves a second appeal against the judgment of the 2nd Additional District Judge, Satara, which allowed the respondent's appeal and set aside the trial court's order passing a final decree ...

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Bombay High Court Allows Second Appeal in Muslim Divorce Case — Civil Court Cannot Grant Maintenance and Matrimonial Property Relief in Suit Under Dissolution of Muslim Marriages Act, 1939. Held that reliefs of maintenance and share in jointly owned property are not ancillary to divorce under Section 2 of the Act and must be pursued under separate statutory forums....

The case involves a Second Appeal filed by the husband (appellant) against the judgment of the District Judge, Thane, which partly allowed the wife's suit for divorce under Section 2 of the Dissolutio...