Bombay High Court

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Bombay High Court Quashes FIR and Final Report in Bio-Diesel Seizure Case — Essential Commodities Act Not Attracted. The court held that bio-diesel is not an essential commodity under the Essential Commodities Act, 1955, nor a petroleum product under the Petroleum Act, 1934, and quashed proceedings under Section 482 CrPC....

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.1203 of 2021 dated 23.12.2021 and the Final Report dated 04.10.2...

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Prima Facie Case Under Section 304-A IPC. FIR and charge-sheet quashed as no expert opinion obtained to establish medical negligence....

The applicant, Dr. Pramod Yashwantrao Gurjar, an Obstetric and Gynecology Surgeon, performed a cesarean surgery on Smt. Kanchan Atul Kulkarni on 06.03.2004. The patient died hours later due to hemorrh...

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Bombay High Court at Goa Quashes Compulsory Retirement Order of Driver on Medical Grounds — Failure to Consider Alternative Employment Violates Natural Justice. Employer directed to consider alternative suitable post for employee who suffered paralytic stroke, as per Medical Board's recommendation, under Article 226 of Constitution of India....

The petitioner, Mr. Luis Fernandes, was appointed as a Driver with Respondent No. 1, Goa State Schedule Castes and Other Backward Classes Finance and Development Corporation Limited, on 16.10.2000 and...

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Bombay High Court at Goa Allows Employer's Challenge in Workmen's Compensation Case — Death of Workman During Employment Compensable. The court upheld the Commissioner's award of compensation under the Workmen's Compensation Act, 1923, for a workman who died during the course of employment due to natural causes....

The case involves a writ petition and an appeal under the Workmen's Compensation Act, 1923, filed by M/s. Rockdrill Projects Pvt. Ltd. against the Commissioner, Labour and Employment, Government of Go...

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Bombay High Court Dismisses Petitioner's Challenge to Reopening of Assessment Under Section 147 of Income Tax Act, 1961 — Reopening Based on Tangible Material from Investigation Wing and Not a Mere Change of Opinion. Failure to Disclose Primary Facts During Original Assessment Justifies Reopening Within Four Years....

The petitioner, Vaman Prestressing Co. Pvt. Ltd., filed two writ petitions challenging the reopening of its assessment for the Assessment Year 2006-07 under Section 147 of the Income Tax Act, 1961. Th...

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Bombay High Court Quashes BMC Demolition Order for Violation of Natural Justice. Petitioners' structure demolished without notice under Section 354 of the Mumbai Municipal Corporation Act, 1888, and court orders restoration....

The petitioners, occupiers of a plot of land in Jogeshwari, Mumbai, challenged an order dated 15 June 2023 passed by the Executive Engineer of the Brihan Mumbai Municipal Corporation (BMC) directing d...

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Bombay High Court Allows Petition Against Demolition of Industrial Shed Without Notice — Violation of Natural Justice and Statutory Procedure Under MMC Act, 1888. The court held that demolition without prior notice under Sections 351, 354, and 488 of the Mumbai Municipal Corporation Act, 1888, is illegal and void....

The petitioner, Raj Bucket Factory, a registered partnership firm, filed a writ petition challenging the demolition of its industrial shed by the Municipal Corporation of Greater Mumbai (MCGM) and oth...

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High Court of Bombay Allows Transfer of Divorce Petition from Nashik to Pune for Wife's Convenience under Section 24 CPC. The court held that the convenience of the wife, a lady litigant, outweighs the husband's choice of forum, and the petition under Section 13(i)(a) of the Hindu Marriage Act, 1955, should be transferred to Pune....

The applicant wife, Devika Dhiraj Patil, filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of divorce proceedings initiated by her husband, Dhiraj Sunil Pati...

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Bombay High Court Grants Habeas Corpus, Orders Release of Detainee Held Beyond Bail Order in MCOC Case. Petitioner's continued detention after being produced pursuant to production warrant and not being remanded was illegal as his earlier bail remained uncancelled....

The petitioner, Amar Shamrao Kolekar, was arrested on 17 September 2012 in connection with CR No. I-347/2012 for offences under Section 394 read with Section 34 of the Indian Penal Code (IPC). He was ...

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Bombay High Court Acquits Appellants in Murder Case Due to Lack of Direct Evidence and Unreliable Extra-Judicial Confession. Conviction under Sections 302, 201, 120B IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellants, Ram Baban Shinde and Satish alias Khandya Kashinath Bhalekar, were convicted by the Additional Sessions Judge, Vaijapur in Sessions Case No.57 of 2014 for offences under Sections 302 r...