Bombay High Court

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Age Discrepancy. Consent-Based Sexual Relationship Not Rape Under Section 375 IPC as Promise of Marriage Was Not False from Inception....

The appellant, Amit Shende, was convicted by the Special Judge, Nagpur, for offences under Section 376(2)(n) of the Indian Penal Code (IPC) and Section 4 of the Protection of Children from Sexual Offe...

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Bombay High Court Quashes Show-Cause Notice Against Project-Affected Employee in Land Misrepresentation Case. Policy Interpretation Under Section 2(2)(c)(i) of Maharashtra Project Affected Persons Rehabilitation Act, 1999 Favours Petitioner as Only Land Left After Acquisition Considered....

The petitioners, Kundlik s/o Kosru Mate and his son Sharad s/o Kundlik Mate, filed a writ petition challenging a show-cause notice dated 15.03.2002 issued by the District Rehabilitation Officer, Bhand...

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Bombay High Court Dismisses Quo Warranto Petition Challenging Appointment of Additional Judge as Abuse of Process. Petition filed by an advocate questioning appointment of Respondent No.7 as additional judge of Bombay High Court held to be trumpery and frivolous....

The petitioner, an advocate practicing in the Bombay High Court, filed a writ petition seeking a writ of quo warranto challenging the appointment of Respondent No.7 as an additional judge of the Bomba...

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Bombay High Court Dismisses Husband's Petition Challenging Maintenance Order Under Section 125 CrPC — Husband's Plea of No Income Rejected as Wife Entitled to Maintenance Despite Earning Capacity. The court held that the husband's capacity to earn is relevant, not actual income, and the wife's own income does not absolve the husband from liability....

The petitioner, Bhagwat Pitambar Borse, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging the order dated 23.06.2015 passed by the learned Additional Sessions J...

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Bombay High Court Allows Appeals in Land Acquisition Compensation Case — Agreement Not a Bar to Reference Under Section 18 of Land Acquisition Act, 1894. Payment under agreement does not extinguish right to seek higher compensation if agreement was not voluntary or was under coercion....

The appellant, Syed Miya s/o Syed Buran, filed two appeals challenging the judgment and award dated 20.8.1993 passed by the Reference Court, which rejected his references under Section 18 of the Land ...

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Bombay High Court Acquits Accused in Rape Case Due to Material Contradictions and Improbable Prosecution Story. Conviction Under Sections 376, 448, 323, 506 IPC Set Aside as Prosecution Failed to Prove Case Beyond Reasonable Doubt....

The appellant, Hemraj s/o Fulchand Patle, was convicted by the Additional Sessions Judge, Gondia, for offences under Sections 448, 323, 376 and 506 of the Indian Penal Code, 1860, and sentenced to rig...

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High Court Dismisses Writ Petition Against DRAT Order Upholding Rejection of Application to Set Aside Auction Sale Under Rule 60 of Second Schedule to Income Tax Act. Court Holds That Subsequent One Time Settlement Between Judgment Debtor and Secured Creditor Does Not Defeat Auction Purchaser's Rights After Sale Certificate Issuance....

The petitioner, a judgment debtor in recovery proceedings, challenged the order of the Debts Recovery Appellate Tribunal (DRAT) which had upheld the rejection of her application under Rule 60 of the S...

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High Court Allows Appeal and Remands Motor Accident Claim for Computation of Compensation, Holding That Delay in FIR Is Not Fatal and Test Is Preponderance of Probabilities. Tribunal Erred in Dismissing Claim for Discrepancies in Vehicle Number Despite Corroborating Evidence of MLC and Spot Panchnama....

The appellant, Dilip Deshmukh, suffered grievous head injuries in a motor accident on 20 May 2011 while riding his motorcycle, when a Trax jeep collided with him. He filed a claim petition under the M...