Bombay High Court

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Bombay High Court Sets Aside Prison Punishment for Parole Overstay in Criminal Writ Petition Citing Sessions Court's Non-Ratification. Remission Cut for Delay of 3 Days in Surrendering After Parole Quashed, Holding That Non-Ratification by Sessions Court Warrants Setting Aside Punishment....

The petitioner, a convict, had been granted parole for 30 days by the High Court on the ground of illness of his sister. He was released on 25.4.2016, and the parole was later extended. However, the C...

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Bombay High Court Dismisses State's Appeal Against Acquittal in Dowry Death and Cruelty Case. The prosecution failed to prove cruelty or dowry demand, and inconsistencies in evidence led to upholding of acquittal under Sections 498A and 304B of the Indian Penal Code....

The appeal arose from a judgment of the Adhoc Additional Sessions Judge No.4, Amravati, in Sessions Trial No.50 of 1999, acquitting four accused—Vitthabai, Neetu, Ramesh, and Pradeep Nimbhekar—of ...

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Bombay High Court Sets Aside District Judge's Order in Agricultural Tenancy Appeal Due to Lack of Jurisdiction. Goa Agricultural Tenancy (Amendment) Act, 2017, Section 9(2) transferred pending appeals to the Collector on the very day the judgment was delivered, rendering the District Judge's decision void....

The writ petition challenged a judgment and order dated 31/08/2017 passed by the District Judge, Mapusa in Tenancy Appeal No.264/2015. That appeal arose from an order of the Mamlatdar of Bicholim unde...

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Bombay High Court Allows Wife's Appeal in Nullity of Marriage Case Under Special Marriage Act — Marriage Declared Void Due to Lack of Free Consent and Non-Consummation. The court held that the marriage was performed without the appellant's free consent and was never consummated, thus void under Section 25 of the Special Marriage Act, 1954....

The appellant, Supriya Subhash Bhatmare, filed a petition for nullity of marriage under the Special Marriage Act, 1954, against the respondent, Shivanand Babaso Swami. The parties were residents of th...

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Bombay High Court Dismisses Husband's Nullity Petition and Grants Wife Restitution of Conjugal Rights in Marriage Voidable for Fraud. Husband Failed to Prove Fraud or Force Under Section 12(1)(c) of Hindu Marriage Act, 1955 as Wife's Consent Was Voluntary Despite Alleged Concealment of Past Relationship....

The appellant-husband, Samit Subhash Agarwal, filed a petition under Section 12(1)(c) of the Hindu Marriage Act, 1955, seeking a decree of nullity of his marriage with the respondent-wife, Kamlesh Lat...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated by Failure to Furnish Statements of Co-Accused....

The petitioner, wife of the detenu Mushtaq Abubakar Sayed, filed a writ petition under Article 226 of the Constitution of India challenging the detention order dated 7th December 2017 passed by the Jo...

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Bombay High Court Upholds Conviction of Three Accused for Counterfeiting Currency Notes under Sections 489B and 489C IPC. Possession and Use of Fake Currency Notes Proved Beyond Reasonable Doubt Based on Police Raid and Expert Evidence....

The case involves three appellants, Nafiz Alam Nurul Hudd Shaikh, Mohd. Sadidul Mohd. Majidali Haq, and Asamul Safaruddin Shaikh, who were convicted by the Additional Sessions Judge, Greater Bombay, M...

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Bombay High Court Dismisses Civil Application as Infructuous After Dismissal of Main Family Court Appeal — No Surviving Cause of Action. Civil Application becomes infructuous upon dismissal of the main appeal, requiring no separate adjudication....

The Bombay High Court disposed of Civil Application No.325 of 2012 as infructuous after the main Family Court Appeal No.154 of 2012 was dismissed. The court noted that nothing survived in the civil ap...

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Bombay High Court Allows Municipal Corporation's Petition, Restores Eviction Orders Against Tenants for Subletting Under Section 105-B of Mumbai Municipal Corporation Act, 1888. Tenants failed to prove lawful occupation of alleged subtenants, burden of proof not discharged....

The Municipal Corporation of Greater Mumbai (MCGM) filed a writ petition challenging a common judgment and order dated 31st December 2008 passed by the City Civil Court, Greater Bombay, in Miscellaneo...

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High Court of Judicature at Bombay Bench at Aurangabad Delivers Judgment in Appeal Against Acquittal in Dowry Death Case. Appeal Filed by State of Maharashtra Against Acquittal of Three Accused for Offences Under Sections 498A, 302 r/w 34 IPC....

This judgment of the High Court of Judicature at Bombay, Bench at Aurangabad, dealt with an appeal by the State of Maharashtra against the acquittal of three accused in a case of alleged dowry death a...