Bombay High Court

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Bombay High Court Dismisses Quashing Petition Under Section 482 Cr.P.C. After Rejection of Discharge and Revision. Inherent power under Section 482 Cr.P.C. cannot be invoked as a second revision or to circumvent the bar under Section 397(3) Cr.P.C. when a discharge application under Section 227 Cr.P.C. has been rejected and the revision against it has been dismissed....

The applicants, accused nos. 3, 4, 6 and 7 in Sessions Trial No. 363/2017, were charged with offences under Sections 304B, 498A, 306 read with Section 34 of the Indian Penal Code and Sections 3 and 4 ...

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Bombay High Court Quashes FIR in Wireless Telegraphy Act Case for Non-Compliance with Section 155(2) CrPC. FIR registered without prior permission of Magistrate for non-cognizable offence under Section 6 of Indian Wireless Telegraphy Act read with Section 20 of Indian Telegraph Act, 1885, held invalid....

The petitioner, Anderson Mark Richard, a British national and former Senior Executive of Offshore Petroleum Industry Training Organization, filed a criminal writ petition under Article 226 of the Cons...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Partition Suit — Deletion of Possession Averments Before Trial Does Not Alter Nature of Suit or Cause Prejudice. Amendment Allowed Under Order VI Rule 17 CPC as Plaintiff Sought to Remove Inconsistent Claim Regarding Possession While Still Seeking Partition and Possession....

The petitioner, Shashikant Dhondiram Kalaskar, who is defendant no.2 in Regular Civil Suit No.969 of 2017 pending before the Jt. Civil Judge Junior Division, Newasa, challenged the order dated 17.08.2...

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Bombay High Court Dismisses Challenge to Amendment of Plaint in Property Suit — No New Case Introduced. Amendment to incorporate subsequent events and clarify pleadings is permissible under Order VI Rule 17 CPC as it does not change the nature of the suit....

The petitioner, defendant no.1 in a civil suit, challenged an order dated 30.08.2021 passed by the 2nd Joint Civil Judge Senior Division, Nanded, allowing an application for amendment of the plaint fi...

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Bombay High Court Dismisses Writ Petition of Co-operative Society Seeking Reservation in MHADA Commercial Complexes. Government Resolution dated 17 August 2002 does not apply to MHADA as it is not a local body or government undertaking under the resolution....

The petitioner, Jay Bhawani Sawamrojgar Seva Sahakari Sanstha Maryadit, a co-operative society of educated unemployed persons registered under the Maharashtra Co-operative Societies Act, 1960, filed a...

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Bombay High Court Upholds Conviction for Murder Based on Dying Declaration in Bride Burning Case. Dying declaration found credible and reliable despite minor inconsistencies, leading to confirmation of life imprisonment under Section 302 read with Section 34 IPC....

The case pertains to the death of Suvarna Warankar, who died on 12/09/2012 due to burn injuries. Her dying declaration, recorded by the Executive Magistrate (Tahsildar), stated that her husband (Umesh...

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Bombay High Court Allows Lapsing of Land Reservation for Primary School Under Section 127 MRTP Act Due to Non-Compliance with Time Limit. The Court held that failure of Nagpur Municipal Corporation to acquire reserved land within ten years results in automatic lapsing of reservation, entitling landowner to declaration and notification under Section 127(2) of MRTP Act....

The petitioner, Urban Township Pvt. Ltd., a company incorporated under the Companies Act, 1956, owned two parcels of land admeasuring 4907 sq.mtrs. and 11037 sq.mtrs. out of Survey Nos.2-3/1 and 2-3/4...

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Bombay High Court Allows Petition in Part in Development Charge Levy Dispute. Development Charge on Already Developed Land Held Illegal Under Section 124 of Maharashtra Regional and Town Planning Act, 1966....

The petitioner, Sir Gangadharrao Chitnavis Memorial Medical Research Trust, a charitable trust, owned Plot No. 56 at Temple Road, Civil Lines, Nagpur. Four houses were constructed on the said plot pri...

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Bombay High Court Allows Writ Petition for Lapse of Reservation Under MRTP Act — Failure to Acquire Land Within Six Months of Purchase Notice. Petitioner's Land Reservation Lapses Automatically Under Section 127 of Maharashtra Regional and Town Planning Act, 1966 as Respondents Did Not Issue Declaration Under Section 126....

The petitioner, Purshotam Vishandas Raheja, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a writ of mandamus against the State of Maharashtr...