Bombay High Court

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Bombay High Court Upholds Conviction of Father for Rape of Minor Daughter Under IPC and POCSO Act — Life Imprisonment Maintained. Incestuous Rape by Father of 14-Year-Old Victim Resulting in Pregnancy; Conviction Under Section 376(2)(f),(n) IPC and Section 5/6 POCSO Act Upheld....

The appellant, Dnyaba @ Dnyaneshwar s/o Gyanuji Tajne, was convicted by the Additional Sessions Judge, Washim in Special Child Case No.72/2016 for offences under Section 376(2)(f),(n) of the Indian Pe...

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Bombay High Court Partly Allows Appeal in Seafarer's Compensation Case, Upholds Entitlement Under Employees' Compensation Act but Denies TCC Agreement Claim. Court holds that compensation under the Employees' Compensation Act, 1923 is the statutory minimum and cannot be substituted by a contractual claim under a TCC agreement unless expressly provided....

The appellant, Mosa Anand Rajulu, was employed as an Ordinary Seafarer with respondent No. 1, M/s. V. Ships Monaco, on board MV DT PROVIDENCE. On 30 March 2014, while engaged in mooring operations, he...

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High Court of Bombay Dismisses Appeal Under Section 37 of Arbitration Act — Claimant Failed to Prove Outstanding Dues Beyond Admitted Liability. The court upheld the arbitral award rejecting the claim for Rs. 25 crores as the claimant did not produce sufficient evidence and the respondent's admission was limited to Rs. 15 lakhs....

The appellant, Anmol Steel Processors Private Limited (claimant), filed a Commercial Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment of the learned Single Ju...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for A.Y. 2017-18 — Reopening Based on Mere Change of Opinion. Notice issued within four years of assessment year held invalid as reasons recorded were already considered during original assessment under Section 143(3)....

The petitioner, Parinee Realty Pvt. Ltd., filed a writ petition challenging a notice dated 30 March 2021 issued under Section 148 of the Income Tax Act, 1961 seeking to reopen the assessment for Asses...

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Bombay High Court Allows Compassionate Appointment of Widow as Peon in School Despite Delay in Approval. Education Officer's Refusal Based on Government Resolution 2012 Set Aside as Appointment Was Made Prior to Resolution and Petitioner Had Already Joined....

The petitioner, Smt. Manisha Dnyneshwar Londhe, is the widow of Dnyneshwar Sakharam Londhe, who was employed as a Peon at Respondent No. 5 School and died in service on 22 September 2015. She applied ...

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Bombay High Court Commutes Death Sentence of Two Convicts Due to Inordinate Delay in Mercy Petition Disposal; Delay of Seven Years Ten Months Violates Article 21. The Court Followed the Precedent in Shatrughan Chauhan Holding That Unexplained Delay in Executive Mercy Process Infringes Fundamental Right to Life, Warrants Commutation to Life Imprisonment....

The present writ petition was filed by two sisters, Renuka Shinde and Seema Gavit, who were convicted of multiple child kidnappings and murders and sentenced to death. They sought commutation of their...

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Bombay High Court Dismisses Son's Petition Challenging Tribunal Order to Vacate Mother's Tenement Under Senior Citizens Act. Mother's right to reside in her own property upheld against son's claim of ownership....

The case involves a writ petition filed by Suryakant Kisan Pawar, the son of respondent No.2, Smt. Kusum Kisan Pawar, a senior citizen. The mother owned a tenement admeasuring 300 sq. ft. in Mumbai, w...

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Bombay High Court Quashes Chargesheet Against Retired Professor in University Departmental Enquiry — Delay and Lack of Sanction Render Proceedings Invalid. Post-retirement disciplinary proceedings initiated after superannuation without prior sanction under Maharashtra Civil Services (Pension) Rules, 1982, and with inordinate delay, are unsustainable....

The petitioner, Dr. Dipak Vishwnathrao Muley, a retired Professor of Shivaji University, Kolhapur, challenged a chargesheet dated 28 August 2018 issued by the university and the consequent departmenta...

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Bombay High Court Upholds Life Sentence for Murder of Minor Girl in IPC Case — Conviction Based on Testimony of Accompanied Girls and Medical Evidence....

The appellant, Deva alias Devendra s/o Ishwar Gabhane, was convicted by the Additional Sessions Judge, Bhandara, for offences under Sections 302, 354D, 241, 504 and 506(II) of the Indian Penal Code fo...