Bombay High Court

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High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Conviction under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as sole interested witness's testimony was not corroborated and recovery of tainted money was not proved beyond reasonable doubt....

The appellant, Babarao Shyamrao Vitalkar, was convicted by the Special Judge, Nagpur in Special Case No.5/1996 for offences under Section 7 and Section 13(1)(d) read with Section 13(2) of the Preventi...

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Bombay High Court Issues Rule in Writ Petition by Real Estate Developer Against MCGM's Condition Requiring Heritage Committee NOC for Fort Redevelopment. Developer Challenges Condition 38 as Arbitrary and Discriminatory Under DCPR 2034 Regulation 52....

The case involved a writ petition by a proprietary real estate developer, Shreeji Realty, challenging a condition imposed by the Brihanmumbai Municipal Corporation (MCGM) in an Intimation of Disapprov...

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Bombay High Court Dismisses Revenue's Appeal in Shipping Income Tax Case — Income from Operation of Ships in International Waters Not Taxable in India Under Article 8 of India-Singapore DTAA. The court held that the assessee, a Singapore tax resident, is not liable to tax in India on income from shipping operations as the DTAA allocates taxing rights to Singapore....

The case involves an appeal by the Commissioner of Income Tax (International Taxation) against the order of the Income Tax Appellate Tribunal (ITAT) which had deleted an addition of Rs. 1,50,00,000 ma...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction. Preventive Detention Order Based on Single Criminal Case Set Aside as Detaining Authority Failed to Consider Possibility of Bail and Continued Dangerous Activities....

The petitioner, Mohsin Anwar Khan @ Shaikh, challenged a detention order dated 24th February 2023 passed by the Commissioner of Police, Pune, under Section 3(2) of the Maharashtra Prevention of Danger...

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Bombay High Court Allows Bail Appeal in SC/ST Act Case Due to Delayed Naming of Accused. Appellant's Name Not in FIR or Victim's Statement, Only in Supplementary Statement After Two Months, No Prima Facie Case....

The appellant, Ganesh Bhimrav Padalkar, filed a criminal appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the rejection of his b...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award in Favour of Claimant. Court Holds That Single Judge Erred in Reappreciating Evidence and Interfering with Arbitrator's Findings on Quantum and Interest....

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Paramount Limited (appellant) against the judgment of a learned Single Judge of the Bombay High Cou...

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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial....

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in April 2005. The loan was secured by an equitable m...

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Bombay High Court Upholds Life Sentence for Triple Murder Despite Defective Charge — Consolidated Charge for Murder of Wife, Son, and Daughter Not Fatal to Conviction. The court held that a single consolidated charge for three murders under Section 302 IPC is defective but does not vitiate the conviction if no prejudice is caused....

The appellant, Hausaji s/o Bhaurao Jagdambe, was convicted by the learned Additional Sessions Judge, Biloli on 18.10.2016 in Sessions Case No.39 of 2015 for the offence punishable under Section 302 of...