Bombay High Court

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Bombay High Court Acquits Bus Driver in Rash Driving Case Due to Lack of Evidence of Negligence. Conviction under Sections 279 and 304-A IPC set aside as sole eyewitness did not testify that the bus was driven rashly or negligently....

The applicant, Shivaji Damodar Karne, a bus driver employed with BEST, was convicted by the trial court (28th Esplanade Court, Mumbai) in CC No.40/P/98 for offences under Sections 279 and 304-A of the...

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Bombay High Court Dismisses Landlord's Revision Against Tenant in Rent Control Eviction Suit — Notice of Demand Must Be Express Under Section 15(2) of Maharashtra Rent Control Act, 1999. Landlord's Failure to Demand Rent in Notice and Tenant's Regular Deposit of Rent in Court Precludes Eviction on Ground of Default....

The case involves a dispute between the original plaintiffs (landlords) and the defendant (tenant) over eviction from a shop premises. The landlords filed a suit for eviction on grounds of default in ...

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Bombay High Court Allows Revenue's Appeal in Income Tax Registration Case — No Deemed Registration Under Section 12AA(2) of Income Tax Act, 1961. The court held that the absence of a deeming provision in Section 12AA(2) means that failure to decide an application within six months does not result in automatic deemed registration....

The case involved an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT) which had granted deemed registration to the respondent trust under Section 1...

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Bombay High Court Sets Aside Discharge of Accused in Capitation Fee Case — Holds That Trial Court Exceeded Jurisdiction by Considering Defence Documents at Discharge Stage Under Section 239 CrPC. The court remanded the matter for fresh consideration of discharge application based solely on police report and documents under Section 173 CrPC....

The petitioner, Abhimanyu Rasure, the original complainant, challenged the order of the Chief Judicial Magistrate, Latur, dated 06.05.2010 discharging the respondents/accused in Regular Criminal Case ...

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High Court Upholds Plaintiffs' Ownership in Land Dispute — Defendants' Claims Found Fraudulent. The court confirmed the trial court's decree, establishing the plaintiffs' rightful ownership and possession of the suit plots under the SARFAESI Act....

The dispute arose from a land ownership claim involving the appellants, a partnership firm, and the respondents, who were the legal representatives of deceased landowners. The appellants filed a Regul...

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High Court Dismisses Writ Petition Challenging Voter Registration Process — No Violation of Electoral Rules Established....

The dispute arose when the petitioner, a Member of the Legislative Assembly from Muktainagar, filed a writ petition under Articles 226 and 227 of the Constitution of India, seeking a writ of mandamus ...

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Bombay High Court Quashes CIC Penalty Order in RTI Case — Reasons for Delay Not 'Information' Under Section 2(f) of RTI Act. Court holds that seeking reasons for delay in disciplinary proceedings does not constitute 'information' under the RTI Act, and penalty cannot be imposed without finding intentional default....

The petitioner, Bar Council of Maharashtra and Goa, challenged an 'adjunct' order dated 18 September 2017 passed by the Central Information Commission (CIC). The CIC had observed that the petitioner f...

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Bombay High Court Dismisses Revision and Writ Petition in Lease Dispute — Possession Rights Determined by Eviction Order Under Maharashtra Rent Control Act. The court upheld the eviction of the licensee and vacated the temporary injunction, finding the alleged lease deed unregistered and not credible....

The case involves a dispute over possession of a flat in Mumbai. The Revision Applicant, Ganesh Arjun Chukkal, is a director of Brice Infrastructure & Development Pvt. Ltd. (Brice), which entered into...

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Bombay High Court Dismisses Revision Against Acquittal in Section 498A IPC Case — No Grounds to Interfere with Appellate Court's Factual Findings. The appellate court's acquittal was based on proper appreciation of evidence, and the revisional court cannot re-appreciate evidence under Section 401 Cr.P.C....

The applicant, Indubai, filed a criminal revision application against the acquittal of her husband and his relatives (respondents) by the Additional Sessions Judge, Hingoli, in Criminal Appeal No.2 of...