Bombay High Court

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Bombay High Court Quashes Scrutiny Committee Order Invalidating Halbi Scheduled Tribe Claim Due to Non-Consideration of Old Documents and Affidavits. The Court held that pre-constitutional documents and affidavits from villagers are credible evidence and must be considered by Scrutiny Committees....

The petitioners, Lalit Bakde and his father Shrikrishnarao Bakde, filed a writ petition challenging the order dated 25.02.2002 passed by the Committee for Scrutiny and Verification of Tribes Claims, A...

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Bombay High Court Allows Petition Challenging Appellate Order Setting Aside Disqualification of Village Panchayat Member for Encroachment on Government Land. Continuous Encroachment on Government Land Constitutes Disqualification Under Section 14(1)(j3) of Maharashtra Village Panchayat Act, 1958, Irrespective of When Encroachment Commenced....

The petitioner, Satish N. Deshmukh, filed a writ petition challenging the order dated 21st August 2013 passed by the Additional Commissioner, Pune Division, in exercise of appellate powers under Secti...

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Bombay High Court Recalls Ex Parte Decree Due to Non-Compliance with Service Rules. Service of Summons Not in Accordance with Bombay High Court (Original Side) Rules, Leading to Recall of Decree Under Order IX Rule 13 CPC....

The case involves a Notice of Motion filed by Defendants Nos. 2 to 4 under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC) to recall an ex parte decree passed on 7th March 2014. The plaint...

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Bombay High Court Allows Transfer of Suit to Same Court Where Related Petition Pending, Emphasizes Need for Consistent Findings by Same Judge. Transfer of suit under Section 24 CPC set aside as bias allegations not proved; suit directed to be tried by same judge who is already seized of connected matrimonial petition....

The petitioner, Mrs. Amruta Nilay Shah, challenged an order dated 14th September 2017 passed by the Principal District Judge, Raigad-Alibag, in Misc. Application No.133 of 2017. The respondents had fi...

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Bombay High Court Dismisses Husband's Petition to Stay Nullity Proceedings in Family Court — Stay of Civil Proceedings Not Automatic Despite Pending Criminal Case. The court held that mere embarrassment is not sufficient to stay civil proceedings; the petitioner must show serious prejudice....

The petitioner-husband filed a writ petition challenging the order of the Family Court, Pune dated 4 June 2016, which rejected his application under Section 10 read with Section 151 CPC to stay the pr...

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Bombay High Court Upholds Conviction of Accused for Murder Based on Circumstantial Evidence and Dismisses State Appeal Against Acquittal of Co-Accused. The court found that the prosecution established motive and last seen evidence against accused No. 1, but failed to prove common intention against accused No. 2 under Section 34 IPC....

The case involves two appeals arising from Sessions Case No. 165/2001. The deceased Bapu Mote was murdered on the night of 8/9 August 2001. Accused No. 1 Popat Tikhole, who had illicit relations with ...

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Bombay High Court Acquits Appellant in Rape Case Due to Unreliable Sole Testimony and Lack of Corroboration. Conviction Under Section 376(1) of Indian Penal Code Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt and Prosecutrix Testimony Found Not Confidence Inspiring....

The appeal arose from a conviction under section 376(1) of the Indian Penal Code for rape, where the appellant, the father-in-law of the prosecutrix, was sentenced to ten years rigorous imprisonment. ...

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Bombay High Court Dismisses Writ Petition Challenging Pre-deposit Condition for Property Tax Appeal. Condition of Full Tax Deposit Under Section 170(c) of Maharashtra Municipal Councils Act, 1965 Held Valid and Not Unconstitutional....

The petitioners, owners of properties within the jurisdiction of Municipal Councils of Hinganghat, Wardha, and Ballarpur, challenged the constitutional validity of Section 170(c) of the Maharashtra Mu...

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Bombay High Court Allows Second Appeal in Recovery Suit Based on Deposit Receipt, Holds Article 23 of Limitation Act Applies. Suit for recovery of money based on a deposit receipt executed in 1956 is governed by Article 23 of the Limitation Act, 1963, which prescribes limitation from the date of demand, not Article 113....

The present second appeal arises from a judgment and decree dated 25.04.2000 passed by the learned Additional District Judge, Amravati in Regular Civil Appeal No. 269/1993. The appellate court had all...

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Bombay High Court Allows Appeal in Motor Accident Claim for Permanent Disability and Loss of Earning Capacity. Compensation Enhanced from Rs. 1,50,000 to Rs. 3,00,000 Under Section 166 of Motor Vehicles Act, 1988 for Severe Injuries Sustained by Rider of Luna Moped....

The appellant, Kishor Thaokar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor vehicle accident on 3.10.1994. He was riding a Luna mop...