Bombay High Court

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Bombay High Court Quashes Recovery Order Against Retired Employee in Pensionary Benefits Case — Advance Increment Recovery Set Aside. Recovery of Rs.67,918/- from pensionary benefits of a retired Lower Division Clerk quashed as recovery from a Class III employee after superannuation is impermissible under State of Punjab v. Rafiq Masih....

The petitioner, Manohar Bappaji Gaikwad, was a Lower Division Clerk working with the Civil Court at Kallam, District Osmanabad. On 21.11.2006, he received an advance increment for excellent work based...

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Bombay High Court Quashes FIR in Marital Rape and Dowry Harassment Case Due to Lack of Prima Facie Evidence. Allegations of Rape by Husband and In-Laws Found to Be Vague and Contradictory, No Offence Made Out Under Sections 376(2)(n), 377, 498-A, 494, 294, 323, 504, 506 IPC r/w Section 34 IPC....

The case involves a criminal application filed by seven applicants (husband, in-laws, and relatives) seeking quashing of FIR No. 505/2022 registered at Police Station Jaripatka, Nagpur, for offences u...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Witness Testimony. The court upheld the trial court's finding that the prosecution failed to prove the guilt of the accused beyond reasonable doubt, as the informant's testimony was contradictory and not corroborated by independent witnesses....

The State of Maharashtra appealed against the acquittal of five accused persons in Sessions Trial No.611/2001 for offences under Sections 302, 307, 323, 504, 506 read with Section 34 of the Indian Pen...

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Bombay High Court Dismisses Appeal in Trade Secret Misappropriation Case — No Prima Facie Case for Injunction Against Nasal Spray NOXGUARD. Confidentiality Agreement Did Not Cover Information Allegedly Misused; Appellant Failed to Establish That Respondents Used Its Confidential Information....

The Appellant, SaNOtize Research and Development Corp., a Canadian corporation, filed a Commercial Appeal against an order dated 21st October 2021 dismissing its Interim Application for an injunction ...

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Bombay High Court Dismisses PIL Seeking Regulation of Time Share Companies as Collective Investment Schemes Under SEBI Act. Court Holds That Time Share Arrangements Do Not Constitute Collective Investment Schemes and That Grievances Are Contractual in Nature....

The petitioner, M/s Securities & Time Share Owners Welfare Association, filed a public interest litigation seeking a direction to the Securities and Exchange Board of India (SEBI) and the Union of Ind...

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Bombay High Court Dismisses Petition Challenging Execution of Decree in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Cannot Be Reopened in Writ Jurisdiction. The court held that the execution court cannot go behind the decree and that the writ court cannot re-appreciate evidence under Article 227 of the Constitution of India....

The petitioners, legal representatives of the original defendant, filed a writ petition under Article 227 of the Constitution of India challenging the execution of a decree for possession and mesne pr...

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Bombay High Court Allows Husband's Petition Against Interim Maintenance Awarded to Wife Under Section 24 of Hindu Marriage Act, 1955. Court Remands Matter for Fresh Consideration of Employment Status and Affidavits of Assets and Income....

The petitioner-husband, Lakhan @ Laxman Dadasaheb Kale, filed a writ petition in the Bombay High Court at Aurangabad challenging an order dated 18.06.2020 passed by the Civil Judge Senior Division, Sh...

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Bombay High Court Dismisses Petition Seeking Automatic Premature Release Upon Completion of 65 Years of Age — Premature Release Under Government Resolution Requires Medical Committee Finding of Infirmity, Not Automatic Entitlement....

The petitioner, Pandhari Sitaram Shende, was a life convict sentenced under Section 302 of the Indian Penal Code. He filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench, seeking ...