Bombay High Court

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Bombay High Court Dismisses Contempt Petition Against Office Bearers of Ayyappa Samajam for Alleged Violation of Consent Terms. Court holds that contempt proceedings are not maintainable against persons who are not parties to the consent terms and that the remedy lies in execution proceedings....

The petitioners filed a contempt petition alleging that the respondents, office bearers of Ayyappa Samajam, Nagpur, violated consent terms recorded in a previous suit. The court noted that the respond...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Mortgage Fraud Suit. Civil Court Has Jurisdiction to Entertain Suit Challenging Mortgage Deed as Fraudulent Despite Arbitration Clause in Loan Agreement....

The respondent, Smt. Suman Ikhankar, filed a civil suit (R.C.S. No. 220/2011) against the applicant, Indiabulls Housing Finance Limited, and two others seeking declarations that a mortgage deed execut...

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Bombay High Court Quashes Removal of Sarpanch in Tender Misconduct Case — Enquiry Vitiated by Violation of Natural Justice. Order under Section 39(1) of Maharashtra Village Panchayats Act set aside for lack of fair opportunity to cross-examine witnesses and consider defence....

The petitioner, Sau. Leena Ramesh Dongarwar, was the Sarpanch of Navegaon Bandh Gram Panchayat. She was removed from office by an order of the Deputy Commissioner, Nagpur Division, under Section 39(1)...

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Bombay High Court Allows Admission of Disabled Student in MBBS Course Under PWD Quota Despite Late Disability Certificate. Disability Certificate Issued After Cut-off Date Cannot Deny Pre-existing Disability Benefit....

The petitioner, Pragati Motghare, a student who lost her lower limb due to electrocution in 2011, applied for admission to the MBBS course under the Persons with Disabilities (PWD) quota. She was diag...

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Bombay High Court Upholds Disqualification of Sarpanch for Son's Encroachment on Government Land. The term 'person' under Section 14(1)(j3) of the Maharashtra Village Panchayats Act, 1958 includes legal representatives of the encroacher....

The petitioner, Sau. Anita Laxman Junghare, was the Sarpanch and a member of Gram Panchayat, Nagapura. Respondent Nos. 3 and 4 filed a complaint alleging that her son, Ganesh @ Omshiv Laxman Junghare,...

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High Court of Bombay at Goa Quashes Trial Court Order Allowing Amendment to Counterclaim in Civil Suit. Counterclaim Based on Cause of Action Arising After Filing of Written Statement Is Not Maintainable Under Order VIII Rule 6A Code of Civil Procedure, 1908....

The petitioners, original plaintiffs in a civil suit for declaration and permanent injunction filed on 17 April 2007, challenged an order of the trial court allowing the respondents (defendants) to am...

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Bombay High Court Quashes FIR in Section 295-A IPC Case for Lack of Deliberate and Malicious Intention. Exhibition of Slippers with Images of Hindu Deities Did Not Disclose Intent to Outrage Religious Feelings Under Section 295-A of Indian Penal Code, 1860....

The petitioner, Mr. Vineet Kacker, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR...

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Bombay High Court Dismisses Appeals, Upholds Conviction of Accused in Murder Case. Evidence of Child Witness and Circumstantial Evidence Proves Guilt Under Sections 302 and 201 read with 34, IPC....

The appeals challenged the conviction of two accused by the Sessions Court for murder and causing disappearance of evidence. The prosecution's case was that on 11 April 2011, the deceased Vilas Khot w...