Bombay High Court

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Bombay High Court Allows Writ Petitions by Financial Institutions Seeking Police Protection for Secured Asset Recovery Under SARFAESI Act — Held That Section 14 of SARFAESI Act Does Not Oust Writ Jurisdiction and That Police Authorities Must Provide Assistance for Recovery of Possession of Secured Assets....

The judgment involves three writ petitions filed by financial institutions seeking police protection for recovery of possession of secured assets under the Securitisation and Reconstruction of Financi...

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Bombay High Court Allows Writ Petition Challenging Revised Select List Excluding SBC Candidates from Vidhyut Sahayyak Posts. Court holds that MSEDCL's decision to exclude SBC candidates from revised wait list due to re-allocation of SEBC/EWS vacancies to Open Category was arbitrary and violative of Articles 14 and 16 of the Constitution....

The petitioners, 87 aspirants belonging to the Special Backward Classes (SBC), filed a writ petition challenging the revised select list and revised wait list dated 27 October 2022 published by the Ma...

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Bombay High Court Allows Appeal by Prosecutrix in POCSO Case, Sets Aside Acquittal of Accused for Kidnapping and Rape of Minor. Court holds that consent of a minor is irrelevant and the victim's testimony is credible despite minor inconsistencies....

The case arises from an appeal filed by the prosecutrix (victim) under Section 372 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 07.11.2019 passed by the learned Sp...

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Bombay High Court Upholds Conviction in Cheque Bounce Case — Rebuttable Presumption Under Section 139 NI Act Not Displaced by Accused. The court held that the accused failed to rebut the presumption that the cheque was issued for discharge of a legally enforceable debt, and the defence of cash repayment was not proved....

The case pertains to a criminal revision application filed by the accused challenging his conviction under Section 138 of the Negotiable Instruments Act, 1881. The complainant alleged that the accused...

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Bombay High Court Allows Kidney Donation Despite Spousal Objection in Transplantation of Human Organs and Tissues Act Case — Near Relative Donation Does Not Require Authorization Committee Approval. Brother-in-Law Held to Be a Near Relative Under Section 2(i) of the Transplantation of Human Organs and Tissues Act, 1994, and Estranged Spouse Cannot Veto Donation....

The case involves a petition filed by Prasanna Laxmikant Joshi (proposed recipient) and Dinesh Vidyadhar Dixit (proposed donor) challenging an appellate order dated 15 March 2023 that upheld the Regio...

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Bombay High Court Allows Modification of Condition in Land Transfer Permission to Tribal Person — Valuation to Be Based on Ready Reckoner at Date of Application. Section 36-A of Maharashtra Land Revenue Code, 1966 requires market value to be determined as on date of application for prior permission, not as on date of order....

The petitioners, who are non-tribal individuals, sought to purchase agricultural land from Respondent No. 3, a tribal person. In 2010, an agreement was reached, and on 7 July 2012, they applied for pr...

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Bombay High Court Upholds Conviction for Murder and Criminal Trespass in Land Dispute Case. Appellant Convicted Under Sections 302 and 447 IPC for Assaulting Deceased with Stick and Iron Rod Over Ancestral Property....

The appellant, Sudam Pandurang Sabale, was convicted by the Additional Sessions Judge, Jalgaon, for the murder of his uncle Sharad Avadaji Sabale under Section 302 IPC and for criminal trespass under ...

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Bombay High Court Acquits Accused in Criminal Revision for Misappropriation of Compensation Funds — Sanction Under Section 197 CrPC Required for Public Servant. Conviction under Section 409 IPC set aside as prosecution failed to obtain mandatory sanction for acts done in discharge of official duty....

The case involves a criminal revision application filed by Asaram @ Ashok Pandharinath Kale, a former Tenancy Awal Karkoon in the Tahsil Office, Newasa, challenging his conviction under Section 409 of...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Non-Prosecution by Complainant. Legal heirs cannot continue prosecution under Section 138 of Negotiable Instruments Act after complainant's death and acquittal under Section 256 of CrPC....

The judgment pertains to two criminal applications filed by Mukund Wazalwar and Ravindra Bhalerao seeking quashing of criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881. Th...