Bombay High Court

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High Court Alters Murder Conviction to Culpable Homicide Not Amounting to Murder Citing Sudden Fight and Lack of Intention. Conviction Under Section 302 IPC Set Aside and Substituted with Section 304-II IPC as Appellant Had No Premeditation and Incident Occurred in Heat of Passion; Sentence Reduced to 8 Years Rigorous Imprisonment....

The High Court of Judicature at Bombay, Nagpur Bench, heard a criminal appeal against the conviction of the appellant under Section 302 of the Indian Penal Code by the Sessions Judge, Gondia. The appe...

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Bombay High Court Dismisses Senior Citizen's Writ Petition Challenging Maintenance Tribunal Order; Holds Appeal Lies Under Section 16 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Order Declining Maintenance and Cancellation of Gift Deed Found Appealable; Petitioner Relegated to Alternate Remedy of Appeal Before Appellate Tribunal....

The matter arose from an order passed by the Sub-Divisional Officer, Nagpur, acting as the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The petition...

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Bombay High Court Allows Mother’s Revision and Grants Temporary Custody of Minor Daughter Under Domestic Violence Act. Court Holds That Custody of Child Below Five Years Ordinarily Lies with Mother, and Father’s Circumstances Did Not Justify Departure from Statutory Preference....

The applicant wife and the non-applicant husband, both engineers, were married in 2015 and had a daughter born on 23 May 2016. After matrimonial discord, the wife alleged domestic violence and filed a...

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High Court Quashes Reopening of Assessment for AY 1998-99 Due to Lack of Allegation of Failure to Disclose Material Facts. Reopening Beyond Four Years Invalid as Reasons Did Not Indicate Assessee's Failure to Disclose Fully and Truly All Material Facts as Required by Proviso to Section 147 of Income Tax Act, 1961....

The dispute arose from a notice under Section 148 of the Income Tax Act, 1961 seeking to reopen the assessment for Assessment Year 1998-1999, issued on 28 March 2005, beyond the period of four years f...

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Bombay High Court Examines Maintainability of Writ Petition Against Interim Election Orders in Cooperative Society Elections. Exclusion of Voter from Preliminary Voters List Challenged Under Article 226 Despite Availability of Alternative Remedy Under Section 91 and Rule 78 of Maharashtra Cooperative Societies Act, 1960....

The writ petition challenged the order of the Divisional Joint Registrar, Cooperative Societies, Pune, dated 29th September 2021, rejecting Objection Application No. 54/2021 filed by the petitioners. ...

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High Court of Judicature at Bombay Hears Writ Petitions Challenging Commissioner's Remand Orders in Fisheries Cooperative Society Registration Matter Under Maharashtra Cooperative Societies Act, 1960. Petitioners Contended That Remand Orders Were Unreasoned and That Rival Applicant Societies Lacked Locus Standi to Invoke Revision Under Section 152....

The matter arose from writ petitions filed under Article 226 of the Constitution of India before the High Court of Judicature at Bombay, Bench at Aurangabad, challenging orders passed by the Commissio...

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Bombay High Court Upholds Employee's Plea for Voluntary Retirement in MSRTC Medical Unfit Case by Quashing Denial Order. Medical Board Declared Assistant Traffic Superintendent Unfit for Duty, and Court Deemed Retirement from 1 November 2019, Directing Retiral Benefits by 31 December 2021....

The matter arose from a writ petition before the Aurangabad Bench of the Bombay High Court challenging the order dated 31 December 2019 passed by the Divisional Controller, State Transport Office, Jal...

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High Court Dismisses Wife’s Transfer Petition Under Section 24 CPC Citing Husband’s 90% Visual Disability and Orders Reimbursement. Transfer from Nagpur to Warora Denied as Husband’s Blindness Outweighed Wife’s Travel Hardship, but Husband Directed to Pay Rs.2,500 Per Attendance....

The case involved a transfer petition under Section 24 of the Code of Civil Procedure, 1908, filed by the wife against her husband. The wife sought transfer of the husband’s Hindu Marriage Petition ...

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Bombay High Court Considers Criminal Writ Petition Challenging Transfer of FIR on Ground of Wrongful Lack of Jurisdiction. FIR Alleges Offences Under Sections 377, 498A, 504, 506 IPC....

The petitioner, Ketkee w/o Bharat Pathak, filed Criminal Writ Petition No. 658 of 2021 before the Bombay High Court, Nagpur Bench, challenging the transfer of her First Information Report (FIR) No. 01...