Bombay High Court

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Bombay High Court Allows Insurance Company to Recover Compensation Paid Under Motor Vehicle Act Despite Policy Breach — Insurer Can Be Directed to Pay Third Parties but Has Right to Recover from Owner for Violation of Policy Conditions....

The case involves three first appeals filed by United India Insurance Company Limited against the judgment and award of the Motor Accident Claims Tribunal. The common question was whether the insurer ...

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Bombay High Court Acquits Accused in Double Murder Case Based on Circumstantial Evidence — Failure to Prove Motive and Inconsistencies in Evidence Lead to Benefit of Doubt. Conviction under Section 302 IPC for murder of wife and daughter set aside as prosecution failed to establish complete chain of circumstances....

The appellant, Bhaurao s/o Maroti Keskar, was convicted under Section 302 IPC for the murder of his wife and one-and-a-half-month-old daughter. The prosecution case was based on circumstantial evidenc...

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Bombay High Court Upholds Conviction Under Section 324 IPC for Assault with Sharp Weapon, Reduces Sentence to Period Already Served. Appellant convicted for voluntarily causing hurt by dangerous weapon, sentence reduced to period already undergone considering young age and no criminal antecedents....

The appellant, Ashish alias Ashotosh Dharamraj Meheshkar, was convicted by the II Additional Sessions Judge, Akola in Sessions Trial No. 155/2000 for an offence under Section 324 of the Indian Penal C...

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Bombay High Court Acquits Appellants in Electrocution Death Case Due to Lack of Evidence of Knowledge and Common Intention. Conviction under Section 304 IPC Set Aside as Prosecution Failed to Prove That Appellants Knew the Electric Wire Was Lethal....

The appellants, Vilas Hari Kulmethe and Laxman Kanhu Pendam, were convicted by the Additional Sessions Judge, Chandrapur, for offences under Section 304 read with Section 34 IPC (culpable homicide not...

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Bombay High Court Finds Prosecution Failed to Establish Motive in Appeal Against Conviction Under Section 302 IPC. Circumstantial Evidence Incomplete; Court Stresses Need for Chain Excluding Innocence and Proper Opportunity Under Section 313 Cr.P.C....

The criminal appeal arose from a conviction for patricide. The appellant, Surdas Balkrishna Kirgat, was tried and convicted by the Principal Sessions Judge, Sangli, in Sessions Case No. 164 of 2006 fo...

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Bombay High Court Upholds Conviction for Murder Under Section 302 IPC in Fatal Assault Case. Accused's act of throwing victim on tar road and banging his head held to constitute murder with intention to cause death....

The appellant, Santosh Jambu Koge, was convicted by the Sessions Judge, Kolhapur, for the murder of Shital Patil under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment. Th...

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High Court of Bombay Hears Petition of Accused Partner Seeking Quashing of Process Under Section 138 of Negotiable Instruments Act, 1881. Partner Argues Absence of Specific Allegations of Role in Firm's Affairs Precludes Vicarious Liability Under Section 141 of the Act....

The matter involved petitions filed by original accused No.4, a partner of a firm, seeking quashing of the order issuing process against him in complaints under Section 138 read with Section 141 of th...

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Bombay High Court Upholds Conviction of Husband for Murder of Wife — Insanity Defense Rejected. The court held that the accused failed to prove legal insanity under Section 84 IPC, as the evidence did not establish incapacity to know the nature of the act at the time of the offence....

The appellant, Santosh Bhatambrekar, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Surekha, a medical doctor. The marriage took place on 11/12/1998, and the coup...

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Bombay High Court Quashes Criminal Case Against Secretary in Food Safety Violation — No Vicarious Liability Without Specific Role. Secretary Not Present at Sampling, Complaint Lacks Averment of Responsibility Under Section 59 of Food Safety and Standards Act, 2006....

The applicant, Hemant Sukaji Funde, was the Secretary of Gurukrupa Adiwasi Prathmik and Madhyamik Ashramshala, Thana, Amgaon, Gondia. He was arraigned as accused no.2 in Regular Criminal Case No.129/2...

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Bombay High Court Allows Appeal of Teacher in Termination Case — Reinstatement Granted Based on Deemed Confirmation Under Rule 9(9)(a) of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. Three years of service including probation period leads to inference of proper selection and right to post, termination without enquiry invalid....

The appellant, Ku. Vandana Pandurang Patle, was appointed as a teacher by Kalpana Shikshan Sanstha, a private school, in 1992-93. The appointment was for a clear and permanent vacancy, and she belonge...