Bombay High Court

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Bombay High Court Dismisses Petitions Challenging Reduction of Superannuation Age from 60 to 58 for Employees of Government Mining Corporation. State as Sole Shareholder Can Amend Service Rules Unilaterally Without Employee Consent....

The petitioners, employees of Maharashtra State Mining Corporation Ltd. (a Government company), challenged the State Government's decision to reduce the age of superannuation from 60 to 58 years. The ...

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Bombay High Court Quashes Charge Framed Without Hearing Accused in Sessions Case — Non-Compliance of Sections 226 and 227 CrPC. Charge set aside as Roznama did not record hearing of prosecution or defence before framing charge, violating mandatory procedure....

The petitioner, Akshay Manoj Jaisinghani, filed a Criminal Writ Petition before the Bombay High Court challenging the order framing charge against him passed by the Additional Sessions Judge, Pune on ...

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Bombay High Court Upholds Conviction of Two Accused for Murder Under Section 302 IPC — Life Imprisonment Maintained Based on Consistent Eyewitness Testimony and Medical Evidence. Common Intention Established Under Section 34 IPC as Both Accused Participated in Assault with Shared Intent....

The appellants, Dattu Rama Theurkar and Deepak Dattu Theurkar, were convicted by the Additional Sessions Judge, Baramati, in Sessions Case No.23 of 1993 for offences under Section 302 read with Sectio...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay — Subjective Satisfaction Vitiated by Casual Approach. Delay of 9 months between incident and detention order held to vitiate the subjective satisfaction under MPDA Act....

The petitioner, Aalam Yosuf Shaikh, challenged a detention order dated 15 September 2017 passed under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and D...

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Bombay High Court Dismisses Writ Petition Challenging Eviction Under Bombay Government Premises (Eviction) Act, 1955 — Lease Expiry and Government Requirement Justify Eviction. Petitioner's challenge to eviction dismissed as lease had expired and premises were required for government purposes....

The petitioner, Laxmi B. Metkari, was a lessee of a commercial premises in Mumbai under a lease deed dated 13 June 1981, renewed until 28 September 2004. After expiry, she continued occupation without...

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Bombay High Court Quashes FIR Against Sugar Factory Officials in Prohibition Act Case — Minister's Order Lacks Sanction Under Section 59A. Court holds that prior sanction under Section 59A of Maharashtra Prohibition Act, 1949 is mandatory for prosecution of public servants and that a Minister's order without application of mind cannot substitute such sanction....

The applicants, Balasaheb Mahadeo Lohar and Rajendra Daulat Dongare, were employees of Gangakhed Sugar & Energy Ltd. They filed a criminal application under Section 482 of the Code of Criminal Procedu...

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Bombay High Court Acquits Appellant in Murder Case Due to Inconsistent Dying Declarations. Conviction under Sections 302 and 498A IPC Set Aside as Dying Declarations Suffered from Material Contradictions and Were Not Recorded in Proper Manner....

The appellant, Premkumar @ Prashant s/o Gajanan Ramteke, was convicted by the Ad hoc Additional Sessions Judge, Chandrapur, in Sessions Trial No.193 of 1996 for offences under Sections 498A and 302 of...

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Bombay High Court Upholds Conviction for Murder and Robbery in Truck Cabin Attack Case. Circumstantial Evidence and Last Seen Together Theory Sufficient to Prove Guilt Under Sections 302, 324, 393 read with Section 34 IPC....

The case pertains to the murder of Ruprao Korde during a robbery in a truck. The appellants, Appaji @ Narendra Marotrao Gade and Kailas Rameshwar Rathod, were drivers of a truck hired by the deceased ...

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Bombay High Court Acquits Police Head Constable in Corruption Case Due to Unreliable Witnesses and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988....

The appellant, Haridas Jamunah, a Police Head Constable, was convicted by the Special Court, Washim for demanding and accepting a bribe of Rs.1000 for releasing a detained vehicle. The prosecution all...