Bombay High Court

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Bombay High Court Quashes Second FIR in Criminal Breach of Trust Case — Successive FIRs on Same Transaction Barred. Second FIR for Offences Under Section 409 IPC Read With Section 34 IPC Quashed as It Pertained to Same Incident as Earlier FIR, Violating Prohibition Against Multiple FIRs on Same Cause of Action....

The applicants, Lalasaheb Rajesaheb Shaikh and Tabbsumbi Ismile Shaikh, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the Bombay High Court, B...

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Bombay High Court Quashes FIR in Essential Commodities Act Case Due to Lack of Sanction and Invalid Search. Applicant's prosecution under Sections 3 and 7 of the Essential Commodities Act, 1955 set aside as mandatory sanction under Section 6A was not obtained and search conducted without proper authorization....

The applicant, Bhagwan S/o Namdeo Dawkhar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.3031/2016 registered at Police Station, Amb...

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SECOND APPEAL NO. 708 OF 2008...

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Bombay High Court Allows Second Appeal in Right of Way Dispute — Appellate Court's Reversal of Trial Court's Findings Set Aside. The appellate court erred in reversing the trial court's findings merely by forming a second opinion and by relying on an alternate way that was not comparable to the claimed right of way under the Mamlatdar Courts Act, 1906....

The dispute pertains to a right of way claimed by the defendants (appellants) over the plaintiffs' (respondents') land bearing Gat Nos. 12 and 13. The Mamlatdar, under Section 5(2) of the Mamlatdar Co...

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Bombay High Court Quashes FIR Against Teacher in Abetment to Suicide Case — No Instigation or Active Role Found. Allegation of False Blame for Theft Not Sufficient to Attract Section 306 IPC Without Mens Rea or Direct Act of Instigation....

The applicant, a teacher, sought quashing of FIR in Crime No.26/2016 registered at Ramnagar Police Station, Wardha for offence under Section 306 of the Indian Penal Code. The complainant, father of th...

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High Court of Bombay at Goa Dismisses Revenue Appeal in Income Tax Case — Valuation of Low Grade Iron Ore Closing Stock Upheld. Tribunal justified in relying on coordinate bench order for consistent valuation method under Income Tax Act, 1961....

The appeal was filed by the Principal Commissioner of Income Tax, Goa, under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal (ITAT), Panaji Bench, ...

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Bombay High Court Allows Second Appeal in Property Dispute Between Co-Owners — Appellate Court Exceeded Jurisdiction Under Order 39 Rule 11 CPC. Discretionary Power Under Order 39 Rule 11 CPC Cannot Be Exercised Mechanically Without Showing Prejudice....

The case involves a property dispute between two brothers, Shashikant Yeshwant Pal and Tanaji Yeshwant Pal, and their respective wives, over a house property in Bordem, Bicholim, Goa. The appellants (...

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Bombay High Court Considers Death Sentence Confirmation in Wife-Murder and Dowry Harassment Case. Conviction Under Sections 302, 498A, 506/34 IPC Challenged by Accused Husband and In-Laws; Allegations of Dowry Demand and Murder by Throat-Slitting....

These matters arose from the judgment of the Additional Sessions Judge, Dhule in Sessions Case No. 182 of 2014, where accused No. 1, Nitin Balkisan Gaikwad, was convicted under Sections 302, 498A, and...

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Bombay High Court Upholds Conviction for Outraging Modesty and Assault in Revision Against Acquittal of Other Charges. Minor inconsistencies in victim's testimony do not discredit her credible evidence under Section 354 IPC....

The case arises from a criminal revision application filed by Rajesh Swarupchand Kankaria and others (original accused nos.1 to 3) challenging their conviction and sentence under Sections 354 and 323 ...

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High Court of Bombay Dismisses Toddy Shop Owners' Challenge to Government Resolution Requiring 1000 Palm Trees for Licence — Condition Upheld as Reasonable to Prevent Adulteration. Court Rules That Licence Renewal Under Maharashtra Toddy Shops (Grant of Licences by Auction-cum-Tender) Order, 2001 Is Discretionary and State Policy Change Is Permissible....

The dispute arose from writ petitions filed by toddy shop owners in Mumbai challenging a Government Resolution dated 28 October 2016 that imposed a requirement of owning 1000 palm trees for the grant ...