Bombay High Court

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Bombay High Court Acquits Seven Accused in Murder Case Due to Unreliable Testimony of Interested Witnesses and Lack of Corroboration. Conviction under Sections 148, 447, 302 read with 149 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The case involves an appeal by seven accused persons convicted by the Additional Sessions Judge, Pusad in Session Trial No.19 of 2011 for offences under Sections 148, 447, 302 read with Section 149 of...

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Bombay High Court Dismisses Petition Challenging Exclusion of Counterclaim in Specific Performance Suit. Counterclaim Based on Void Minor's Agreement and Barred by Limitation Under Order VIII Rule 6-A CPC....

The petitioner, Abhishek Boke, original defendant No.1, challenged the order of the trial court dated 24.6.2016 allowing the application (Exh. No.86) filed by the original plaintiffs (respondents 1 an...

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Bombay High Court Allows Appeal in Copyright Infringement Case — Plaint Rejection Set Aside for Non-Application of Mind. Court holds that under Order VII Rule 11 CPC, only the plaint averments must be examined for cause of action, not their truthfulness....

The appellant, The Indian Performing Right Society Limited, filed a suit claiming damages for copyright infringement allegedly occurring at Kala Academy, Goa on 27 February 2012. The respondents were ...

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Bombay High Court Reduces Prison Punishment for Overstaying Furlough — Cutting of Remission Modified to One Day for Each Day of Overstay. Principle of Proportionality Applied to Prison Discipline Under Prisons Act, 1894 and Prisons (Bombay Furlough) Rules, 1959....

The petitioner, Buwaji Sahadeo Hazare, a prisoner, filed a Criminal Writ Petition before the Bombay High Court challenging the prison punishment imposed on him for overstaying his furlough leave. In 2...

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Bombay High Court Dismisses Petitions Challenging CAT Order Allowing Change of Date of Birth of IAS Officer. Authorities' Delay in Deciding Application for Correction of Date of Birth Cannot Be Used to Defeat Claim Under Rule 38 of Maharashtra Civil Services (General Conditions of Service) Rules, 1981....

The Union of India and the State of Maharashtra filed two writ petitions challenging the judgment and order dated 8 March 2016 passed by the Central Administrative Tribunal (CAT) allowing the Original...

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Bombay High Court Dismisses Petition Challenging Domicile Requirement for Minority Quota Admissions. Clause 18(18) of Information Brochure requiring minority candidates to attach Domicile Certificate for CAP held valid and not violative of Articles 14 and 30 of the Constitution....

The petitioners, Oslen A. Dsilva and another, claiming to be students belonging to minority communities, filed a writ petition in the Bombay High Court challenging clause 18(18) of the Information Bro...

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Bombay High Court Dismisses Writ Petition Against Collector's Order Suspending Municipal Council Resolution for Lease of Land. Petitioner Society Had Alternate Statutory Remedy Under Section 318 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965....

The petitioner, Mehboobiya Education Society, administered a primary school in rented premises and applied for a lease of land out of Survey No.74. The Municipal Council, Buldana, passed Resolution No...

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Bombay High Court Allows Correction of Date of Birth in School Records Based on Birth Certificate - Violation of Natural Justice When Board Changed Date Without Hearing. Birth Certificate is Conclusive Proof of Date of Birth Under the Registration of Births and Deaths Act, 1969, and School Must Correct Its Register Accordingly....

The petitioner, Harischandra P. Suvarn, filed a writ petition seeking directions to respondent No.2 (St. Teresa Jesus High School) to correct the date of birth of his son, Prajval H. Suvarna, in the s...

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Bombay High Court Quashes Chargesheet Against Doctor in Medical Negligence Case Due to Lack of Sanction Under Section 197 CrPC. Criminal proceedings for alleged negligence during emergency surgery set aside as doctor was a public servant acting in discharge of official duty....

The petitioner, Dr. Dilip Amonkar, a Professor and Head of the Department of Surgery at Goa Medical College, was chargesheeted in connection with the death of a 16-year-old patient, Ravina Rodrigues. ...