Bombay High Court

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Bombay High Court Quashes Criminal Complaint as Abuse of Process in Counter-Blast to Earlier Complaint. The court held that a complaint filed as a counter-blast to an earlier complaint is an abuse of process of law under Section 482 CrPC....

The applicants, who are accused in Regular Complaint Criminal Case No.14/2004 pending before the Judicial Magistrate First Class, Kelapur, filed an application under Section 482 of the Code of Crimina...

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Bombay High Court Dismisses Revision Against Execution of Cooperative Court Decree for Allotment of Plot. Executing Court Cannot Go Behind Decree; Objection Regarding Non-Existence of Plot Not Entertained as Decree Had Attained Finality....

The case arises from a dispute between a member (respondent) and a cooperative housing society (applicant) regarding allotment of plots. In 1991, the respondent raised a dispute before the Cooperative...

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Bombay High Court Partially Allows Appeal in Land Acquisition Case, Enhances Compensation for Land Acquired for Road Construction. The court enhanced compensation from ₹52/- to ₹200/- per sq.mt. under Section 18 of the Land Acquisition Act, 1894, considering location and amenities....

The appellant, Jacinto Baretto Miranda, owned land in Margao, Goa, which was acquired by the government for road construction. Possession was taken in 1985, but the Section 4 notification under the La...

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Bombay High Court Dismisses Application for Release of Arrested Cargo in Admiralty Suit for Demurrage Claim. Demurrage Claim Under Voyage Charterparty is a Claim in Respect of Goods Under Section 4(1)(f) of Admiralty Act, 2017, and Arrest of Cargo is Permissible Even if Not on Board....

The Plaintiff, Pacific Gulf Shipping (Singapore) Pte. Ltd., a Singapore-based company engaged in vessel chartering, filed an admiralty suit against Defendant No.1, S.R.K. Chemicals Ltd., a salt trader...

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Bombay High Court Quashes FIR for Abetment of Suicide Against In-Laws Due to Lack of Proximate Link. Mere Harassment Without Instigation Does Not Attract Section 306 IPC....

The Bombay High Court at Aurangabad, in Criminal Application Nos. 3129 and 3130 of 2017, considered applications under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FI...

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Bombay High Court Allows Recall of Witness in Cheque Dishonour Case Under Section 311 CrPC for Effective Cross-Examination. Petitioner Accused Granted Opportunity to Recall Complainant's Witness to Ensure Fair Trial and Just Decision....

The petitioner, Kavita Agrawal, was the accused in a criminal case under Section 138 of the Negotiable Instruments Act, 1881, pending before the Judicial Magistrate (F.C.), Sangamner, in S.C.C. No. 08...

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Bombay High Court Quashes FIR in Theft Case for Lack of Prima Facie Evidence. Section 482 CrPC invoked to prevent abuse of process where allegations did not disclose essential ingredients of theft under Section 379 IPC....

The applicant, Sandeep Sadashiv Bhalerao, was arraigned as accused No.8 in Crime No.100/2016 registered at Police Station Hatta, Tq. Vasmat, Dist. Hingoli for offences punishable under Section 379 rea...

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Bombay High Court Upholds Conviction of Appellant for Rape of Minor Under IPC and POCSO Act — Testimony of Child Victim Found Credible. The court held that minor inconsistencies in the victim's testimony do not discredit the prosecution case, and the conviction under Section 376(2)(n) IPC and Section 3/4 POCSO Act was sustainable....

The appellant, Ashok Yeshwant Gharat, was convicted by the Additional Sessions Judge, Sangamner, for offences under Section 376(2)(n) of the Indian Penal Code (IPC) and Section 3 punishable under Sect...

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Bombay High Court Nagpur Bench Adjudicates Writ Petition Challenging Order of Divisional Commissioner Recognizing Leader of Opposition. Petition Filed by Elected Corporator Contends That His Earlier Recognition as Leader of Opposition Was Arbitrarily Revoked in Favor of Another Corporator Under Section 191AA of Maharashtra Municipal Corporation Act, 1949....

The petition was filed under Articles 226 and 227 of the Constitution of India by an elected Corporator of the Nagpur Municipal Corporation, challenging the order of the Divisional Commissioner dated ...