Bombay High Court

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Bombay High Court Upholds Conviction for Cruelty Under Section 498A IPC Despite Acquittal for Murder. Court holds that Section 498A IPC is a minor offence in relation to Section 302 IPC and conviction can be based on dying declaration and other evidence of cruelty....

The appellant, Anandrao Tukaram Gudape, was convicted by the Additional Sessions Judge, Pusad, for offence punishable under Section 498A of the Indian Penal Code (IPC) and sentenced to rigorous impris...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence on Age of Victim. Consent of Victim Above 16 Years Renders Sexual Intercourse Not Rape Under Section 376 IPC....

The appellant, Ashok Pande, was convicted under Section 376 IPC for rape of a minor girl, Latiba (PW2), and sentenced to seven years rigorous imprisonment. The appeal challenged the conviction on the ...

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Bombay High Court Dismisses Writ Petition Against Rejection of Interim Relief in Civil Suit — Alternative Remedy of Appeal Available Under Order 43 Rule 1(r) CPC. The court held that an order dismissing an application under Order 39 Rules 1 and 2 CPC is appealable, and a writ petition is not maintainable when an efficacious alternative remedy exists....

The petitioner, Anand Jaiswal, filed a civil suit seeking a declaration of settled legal possession and an injunction against the respondent, M/s. Shewalkar Developers Ltd., in respect of suit propert...

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Bombay High Court Allows Writ Petition in Service Matter — Quashes Tribunal Order Denying Benefit of Past Temporary Service for Pension. Past temporary service followed by regular appointment on permanent post qualifies for counting towards qualifying service under G.R. dated 19.9.1975....

The petitioner, Balwant Sadashiv Gadge, filed a writ petition challenging the order dated 1.7.2002 of the Maharashtra Administrative Tribunal (MAT) in O.A. No. 231/01. The petitioner had initially wor...

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Bombay High Court Quashes Detention Order Under MPDA Act for Violation of Detenu's Right to Lead Oral Evidence Before Advisory Board. Failure to Inform Detenu of Right to Produce Witnesses Renders Detention Invalid....

The petitioner, wife of the detenu Vishal Salunke, challenged the detention order dated 9th August 2017 passed under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootl...

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Bombay High Court Allows Revision Application in Suit for Permanent Injunction — Dispute Over Property Rights and Possession. Court Holds That Trial Court Erred in Dismissing Application Under Order 39 Rule 1 and 2 CPC Without Proper Application of Mind and Without Considering Prima Facie Case....

The revision application was filed by the applicants (original plaintiffs) challenging the order dated 23.11.2017 passed by the trial court dismissing their application for temporary injunction under ...

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Bombay High Court Dismisses State's Delay Condonation Application in Land Acquisition Appeal Due to Lack of Sufficient Cause. Delay of 1590 days in filing appeal against enhanced compensation not condoned as state failed to explain each day's delay under Section 5 of Limitation Act, 1963....

The case involves Civil Applications filed by the State of Maharashtra and its officers (applicants) seeking condonation of a 1590-day delay in instituting appeals against a Judgment and Award dated 4...

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Bombay High Court Dismisses State's Delay Condonation Applications in Land Acquisition Appeals Due to Unexplained Delay of Over 5 Years. The court held that the State cannot claim benefit of Section 5 of the Limitation Act, 1963 without sufficient cause, and the delay of 5 years and 5 months was not satisfactorily explained....

The State of Maharashtra, through the Collector and Executive Engineer, filed multiple Civil Applications under Section 5 of the Limitation Act, 1963, seeking condonation of delay in filing appeals ag...

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Bombay High Court Acquits Accused in 498A IPC Case Due to Unreliable Dying Declarations. Conviction Under Section 498A IPC Set Aside as Dying Declaration Not Corroborated and Mother's Testimony Contradicted....

The appeal arose against the judgment of the Additional Sessions Judge, Pusad, in Sessions Case 12 of 1999, convicting the accused under Section 498A IPC and sentencing him to one year rigorous impris...

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Bombay High Court Upholds Acquittal for Murder but Confirms Conviction for Dowry Death and Cruelty in a Case of Married Woman's Suicide. The court held that the prosecution failed to prove homicidal death beyond reasonable doubt, but the evidence of demand of motorcycle and harassment soon before death established the offence under Section 304B IPC....

The case involves two cross-appeals arising from the same incident. Criminal Appeal No.552 of 2007 was filed by the State of Maharashtra against the acquittal of the respondents (accused) for the offe...