Bombay High Court

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Bombay High Court Acquits Appellant in Murder Case Due to Lack of Reliable Evidence on Last Seen Together and Motive. Conviction under Sections 302 and 201 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Usha Kshirsagar, was convicted by the trial court for the murder of Suvarna, the second wife of her husband Hanumant, under Sections 302 and 201 IPC. The prosecution case was based on c...

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Bombay High Court Acquits Convict in Murder Case Due to Unreliable Dying Declarations. Inconsistent dying declarations and lack of corroboration led to acquittal under Section 302 IPC....

The appellant, Baban Dadusrao Pakhare, was convicted by the Additional Sessions Judge, Jalna, for the murder of his wife Meerabai under Section 302 IPC and sentenced to life imprisonment. The case was...

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Bombay High Court Allows Compassionate Appointment Despite Third Child Born After Cut-off Date — Government Resolution Clause E Held Inapplicable to Children Born Before 31.12.2001. The court interpreted Clause E of the Government Resolution dated 28.03.2001 as prospective, not disqualifying families with a third child born before 31.12.2001....

The petitioners, Sunita Gaikwad (widow) and Ashish Gaikwad (son), sought compassionate appointment after the death of Dinesh Gaikwad, an employee of Zilla Parishad, Nanded, who died in harness on 05.0...

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Bombay High Court Allows Appeal by Zilla Parishad in Motor Accident Compensation Case — Sets Aside Tribunal's Award Due to Lack of Vicarious Liability. Employer Not Liable for Accident Caused by Employee While Driving Personal Vehicle Without Employer's Knowledge or Permission Under Motor Vehicles Act, 1988....

The case arises from a motor accident claim filed by the legal heirs of Rafik Khalifa (deceased) who died in a road accident on 18th August 2016. The claimants (respondents 1 to 7) filed a claim petit...

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Bombay High Court Allows Accused's Discharge in Corruption Case Due to Lack of Valid Sanction Under Section 19 of Prevention of Corruption Act, 1988. Absence of Sanction from Competent Authority Renders Prosecution Void and Accused Entitled to Discharge....

The case involves a criminal application filed under Section 482 of the Code of Criminal Procedure, 1973 by the applicant/accused, Kamlakar Sharad Visale, challenging the order dated 15.01.2020 passed...

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Bombay High Court Dismisses Petitioner's Claim for Additional Alternate Land After 49-Year Delay. Writ petition seeking allotment of 80R land under Nazare Project rejected as grossly delayed and lacking explanation for laches....

The petitioner, Nana Narayan Bhalerao (since deceased, through his legal heir Jalindar Nana Bhalerao), filed a writ petition under Article 226 of the Constitution before the Bombay High Court seeking ...

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Bombay High Court Revisits Land Allotment Dispute Between Project Affected Persons Under Maharashtra Project Affected Persons Rehabilitation Act, 1999 After Remand. The Court Determines the Validity of Deputy Collector's Orders Dated 02.01.2020 and 17.02.2020 on Merits After Supreme Court Set Aside Previous High Court Order....

The dispute arose between two sets of project affected persons under the Maharashtra Project Affected Persons Rehabilitation Act, 1999, both claiming entitlement to alternate land bearing Gat No. 401/...

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Bombay High Court Allows Appeal in MVAT Case — Works Contract Valuation Must Exclude Land Value Under Rule 58. Land value deduction under Rule 58 of MVAT Rules is mandatory for works contracts involving transfer of immovable property, and the Tribunal erred in restricting deduction to 20%....

The Appellant, Oasis Realty, an association of persons registered under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and Central Sales Tax Act, 1956, is engaged in construction, development, a...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Partition Suit. Appellant Failed to Prove Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC....

The appeal arose from an order of the City Civil Court dismissing the appellant's Notice of Motion to set aside an ex-parte decree in a partition suit. The suit was filed by the original plaintiff (de...

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Bombay High Court Dismisses Petition Challenging Forest Notification and Collector's Order Under Maharashtra Private Forest Act. Land Declared as Forest in 1960 Notification Cannot Be Challenged After Decades; Collector's Suo Motu Order Under Section 22(5) Upheld....

The petitioners, claiming to be owners of land in Survey No.245/4B, Kavesar, Thane, challenged an order dated 27 March 2015 passed suo motu by the District Collector, Thane under Section 22(5) of the ...