Bombay High Court

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Age Evidence and Lack of Consent Proof. Conviction for Rape and Sexual Assault Set Aside as Prosecution Failed to Establish Victim's Minority and Non-Consensual Nature of Relationship....

The appellant, Pravin Popat Kharat, was convicted by the Special Judge under POCSO Act, Ahmednagar, for offences under Section 376(1) IPC and Section 4 of the POCSO Act, and sentenced accordingly. He ...

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Bombay High Court Acquits Appellants in Gang Rape Case Due to Material Contradictions and Improbable Prosecution Story. Conviction Under Section 376(g) IPC Set Aside as Medical Evidence Does Not Support Rape and Victim's Testimony is Full of Omissions....

The case pertains to an appeal against conviction under Section 376(g) IPC. The appellants, Parmeshwar and Vitthal, were convicted by the trial court for gang rape of a 15-year-old girl. The prosecuti...

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High Court of Bombay at Nagpur Allows Appeal in Railway Accident Claim — Injured Passenger Entitled to Compensation for Amputation. Bona Fide Passenger Status Established Despite Lost Ticket; Sudden Jerk Leading to Fall Constitutes Untoward Incident Under Section 123(c) of Railways Act, 1989....

The appellant, Kishor Vishnu Bondre, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for injuries sustained in a train accident on 06.02.2012. He alleged that while trav...

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Bombay High Court Allows Second Appeal in Property Dispute, Setting Aside Concurrent Findings of Courts Below. Court holds that a co-owner in exclusive possession of joint property cannot claim adverse possession against other co-owners without clear ouster....

The case involves a dispute over ancestral property. The appellant, a co-owner, filed a suit for partition and declaration of title, claiming that the respondent, another co-owner, was in exclusive po...

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Bombay High Court Allows Writ Petitions Challenging Arbitral Award in Property Dispute — Award Set Aside for Violation of Natural Justice and Lack of Reasons. Court holds that an arbitrator must provide reasoned findings and cannot rely on unsubstantiated claims without evidence....

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an arbitral award dated 30 June 2023 passed by a sole arbitrator in a property dispute between the...

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Bombay High Court Dismisses Municipal Council's Challenge to Regularization of Daily Wage Safai Kamgars. Industrial Court's Order to Confer Permanent Status Upheld as Employees Worked Continuously and Were Denied Benefits Unfairly....

The judgment concerns three writ petitions filed by the Alibag Municipal Council and its Chief Officer challenging orders of the Industrial Court dated 11 January 2005 and 16 October 2006. The Industr...

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Bombay High Court Quashes Income Tax Order for Not Giving Effect to ITAT Directions — Refund of Rs. 40,06,299/- Ordered. The impugned order failed to correctly implement the ITAT's order and erroneously computed tax liability, leading to a direction for fresh computation and refund....

The petitioner, Ayyappa Seva Samgham Bombay, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an order dated 30th November 2023 passed by t...

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Bombay High Court Dismisses Builder's Second Appeals Against RERA Appellate Tribunal Order for Refund with Interest to Homebuyers. Failure to Deliver Possession Within Agreed Time Constitutes 'Default' Under Section 18 of Real Estate (Regulation and Development) Act, 2016, Entitling Allottees to Full Refund with Interest....

The appellant, Balaji Construction Company, a promoter, entered into agreements with various allottees for the sale of apartments in a project. The agreements stipulated a possession date, which the p...

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Bombay High Court Dismisses Municipal Corporation's Appeal in Property Tax Assessment Dispute. Rateable Value of Godown-cum-Office Fixed at Rs. 45,835/- Based on Standard Rent Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947....

The case involves an appeal by the Municipal Corporation of Greater Bombay under Section 218D of the Bombay Municipal Corporation Act, 1888, challenging a judgment of the Small Causes Court which redu...