Bombay High Court

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Bombay High Court Dismisses Summary Suit for Recovery Based on Dishonoured Cheque Due to Material Alteration. Cheque with discrepancy between figures and words held to be materially altered under Section 87 of Negotiable Instruments Act, 1881, rendering it void against the drawer....

The plaintiff, Suneel Dattatraya Mogre, filed a Commercial Summary Suit against the defendant, Prabhakar Baburao Thorat, seeking a decree for Rs.2,25,00,000/- based on a dishonoured cheque. The plaint...

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Bombay High Court Dismisses Writ Petition Challenging Co-operative Bank's Auction Sale of Property for Recovery of Dues. Court holds that sale of property by a co-operative bank under the Maharashtra Co-operative Societies Act, 1960 is not a 'sale' under the Transfer of Property Act, 1882 and does not require registration....

The petitioners, who were tenants/licensees of shop premises in a building owned by the respondent co-operative bank, challenged the auction sale of the building conducted by the bank for recovery of ...

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Bombay High Court Dismisses Petition Challenging Safeguard Duty on Aluminum Foil Imports. Court upholds imposition of provisional safeguard duty under Section 8B of Customs Tariff Act, 1975, finding no violation of natural justice as petitioner was heard before final determination....

The petitioner, P. G. Foils Ltd., filed a writ petition under Article 226 of the Constitution of India challenging Customs Notification No.26/2009 dated 23.03.2009 and Preliminary Findings dated 02.02...

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Bombay High Court Acquits Accused in Gang Rape Case Due to Unreliable Testimony and Lack of Corroboration. Conviction under Sections 376(2)(g), 323, 504, 506 IPC and Section 3(2)(v) of SC & ST Act Set Aside as Prosecutrix's Evidence Was Inconsistent and Medical Evidence Did Not Support Rape....

The case involves four appeals filed by Dastgir Gafur Shaha, Bhausaheb Madhukar Gore, Javed Gafur Shaha, and Arbaj @ Mosin Kadir Shaikh against their conviction by the Additional Sessions Judge, Shrir...

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Bombay High Court Acquits Appellant in Murder Case Due to Insufficient Circumstantial Evidence. Conviction under Section 302 IPC for alleged murder of wife set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Raju @ Rajendra Baliram Borse, was convicted by the learned Additional Sessions Judge, Bhusawal, for the murder of his wife Savita under Section 302 IPC and sentenced to life imprisonme...

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Bombay High Court Allows Writ Petition Challenging Acceptance of Nomination in Sugar Factory Election Due to Violation of Bye-Laws. The Returning Officer's order overruling objection was set aside for failing to properly examine eligibility criteria under Rule 28(2) read with Rule 9 of the bye-laws....

The petitioner, a contesting member in the election to Purna Sahakari Sakhar Karkhana (a sugar factory), filed a writ petition challenging the decision of the Returning Officer dated 12-06-2023, which...

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Bombay High Court Allows Mother's Custody Appeal in Guardianship Case — Welfare of Child Paramount. Grandparents' Custody of Minor Child Set Aside as Mother's Right and Child's Welfare Require Custody with Natural Guardian....

The case involves a custody dispute over a minor child named Kush, aged about 10-11 years. The respondent, Smt. Chaitali Chetan Pivjl, is the mother of the child. The appellants are the paternal grand...

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Bombay High Court Dismisses Appeal Against Conviction in Murder Case Under Section 302 IPC. Life Sentence Confirmed Based on Reliable Eyewitness Testimony and Recovery of Weapon; Co-accused Acquitted Under Section 34 IPC....

Background: The appeal arose from the conviction of the appellant for the murder of Ramesh Govindram Chandi. The appellant was the brother-in-law of the deceased's daughter, Kanchan. The deceased's wi...

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Bombay High Court Dismisses Bank's Petition Challenging Setting Aside of Auction Sale Under SARFAESI Act — Non-Compliance with Notice Requirements Under Section 13(2) and 13(4) of SARFAESI Act Renders Sale Invalid. DRT and DRAT Orders Upheld, Bank Directed to Follow Statutory Procedure Before Re-auction....

The petitioners, Akola Janata Commercial Co-operative Bank Ltd. and its Branch Manager/Authorised Officer, challenged the judgment of the Debt Recovery Tribunal (DRT), Nagpur dated 25-7-2008 in S.A. 1...

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Bombay High Court Allows Writ Petition for Pensionary Benefits of Retired Librarian. Petitioner entitled to full pension and gratuity as her transfer to full-time post was duly approved by Education Officer....

The petitioner, Smt. Pratibha Prakash Almast, was initially appointed as a part-time Librarian on compassionate grounds at Bharat Vidyalaya, Nawargaon, managed by petitioner 2-Society, with effect fro...