Bombay High Court

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Bombay High Court Allows Bank's Writ Petition Against DRI Letter Restraining Sale of Secured Assets - Priority of Secured Creditor Under SARFAESI Act Over Customs Act Upheld. The court quashed the DRI letter dated 02.11.2015 as without authority of law and directed the DRI to disclose investigation status to the bank....

The petitioner, Bank of Maharashtra, had extended financial facilities to respondent No.2, who defaulted and the account was declared NPA on 19 August 2015. The bank initiated proceedings under the SA...

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Bombay High Court Quashes FIR for Abetment of Suicide in Theft Allegation Case — No Instigation Found. Allegations of theft against deceased employee did not constitute abetment to suicide under Section 306 IPC as there was no direct or indirect instigation to commit suicide....

The applicants, Anirudh Arun Bhandarkar and Supriya Arun Bhandarkar, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No.238 of 2017 regist...

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Bombay High Court Upholds Conviction of Appellant for Exploitation of Minor Girls Under POCSO Act and IPC — Faith-Based Deception Used to Sexually Assault Six Girls. The court held that the testimony of child victims, coupled with the presumption under Section 29 of POCSO Act, was sufficient to sustain the conviction for aggravated sexual assault....

The appellant, Mehandi Kasim Jenul Abidin Shaikh, was convicted by the Special Judge under the POCSO Act for sexually assaulting six minor girls aged between 8 and 14 years. The appellant, who posed a...

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Bombay High Court Allows Appointment of Arbitrator in Arbitration Petition Under Section 11(6) of Arbitration & Conciliation Act, 1996 — Petitioner's Application for Appointment of Retired District Judge as Sole Arbitrator Granted Due to Respondent's Failure to Appoint Arbitrator Despite Notice....

The petitioner, M/s Bafna Udyog, filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a retired District Judge as sole arbitrator to ...

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Bombay High Court Allows Writ Petition Challenging Registrar's Refusal to Record Change in Partnership Constitution Following Expulsion of Partners. Registrar of Firms Directed to Consider Application on Merits Under Section 63 of the Indian Partnership Act, 1932....

The petitioner, Samrat Span Realties, a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition under Article 226 of the Constitution of India challenging the refusal...

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Bombay High Court Acquits Convict in Rape Case Due to Inconsistent Evidence and Consent — Conviction Under Section 376 IPC Set Aside as Prosecution Failed to Prove Absence of Consent Beyond Reasonable Doubt...

The appellant, Munja s/o Jijabhau Bhange, was convicted by the Additional Sessions Judge, Parbhani, for an offence punishable under Section 376 of the Indian Penal Code (IPC) and sentenced to seven ye...

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Bombay High Court Dismisses Petition Seeking Mandamus to Direct Tahsildar to Review Own Mutation Entries. Review Power Not Inherent; Must Be Expressly Provided by Statute....

The petitioner, Dhananjay Deoram Jadhav, filed a writ petition before the Bombay High Court at Aurangabad seeking a direction to the Tahsildar to review his own orders and set aside mutation entries t...

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Bombay High Court Dismisses Writ Petitions by Retired Employees of Converted Municipal Councils Seeking Pensionary Benefits. Acceptance of Absorption Condition Restricting Pension Computation to Post-Establishment Service Bars Later Challenge Absent Ultra Vires or Discrimination Under Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965....

The litigation comprised two writ petitions before the Bombay High Court, Aurangabad Bench, filed by former employees of erstwhile Grampanchayats at Jamner and Bhadgaon, District Jalgaon. These employ...