Bombay High Court

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Bombay High Court Quashes COFEPOSA Detention Order at Pre-Execution Stage Due to Non-Application of Mind and Mechanical Exercise of Power. Detaining Authority Failed to Consider Relevant Material and Grounds of Detention Were Vague and Stale....

The petitioner, Karnaram Lumbaji Choudhary, challenged a detention order dated 8th March 2018 passed by the Joint Secretary, Government of India, under Section 3(1) of the Conservation of Foreign Exch...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC overturned as dying declarations were contradictory and not corroborated by independent evidence....

The appellant, Lata Shivram Anklu, was convicted by the Additional Sessions Judge, Greater Bombay in Sessions Case No.234/2014 for the murder of Bhumya Ramyya Yalmadu under Section 302 IPC and sentenc...

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Bombay High Court Acquits Accused in Rape Case Due to Unreliable Testimony of Intellectually Challenged Victim and Lack of Corroboration. Conviction under Sections 363, 366, 376 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Farukh Abdul Raheman Shaikh, was convicted by the Additional Sessions Judge, Borivali Division, Dindoshi, Mumbai, for offences under Sections 363, 366, and 376 of the Indian Penal Code ...

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Bombay High Court Upholds SEBI's Power to Regulate Fee Structure of Investment Advisors — Amendment Regulations and Circular Held Valid. Regulation 15A of SEBI (Investment Advisors) (Amendment) Regulations, 2020 and Circular dated 23.09.2020 are within SEBI's delegated legislative competence and do not violate Article 19(1)(g) of the Constitution....

The petitioner, Purnartha Investment Advisers Private Limited, challenged the constitutional validity of Regulation 3(XII) of the Securities and Exchange Board of India (Investment Advisors) (Amendmen...

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Bombay High Court Quashes FIR in Onion Trade Dispute Due to Civil Nature of Transaction and Lack of Criminal Intent. The court held that the ingredients of cheating under Section 420 IPC were not made out as there was no initial dishonest intention, and the dispute was purely civil....

The applicants, Thirumalai Prabhu R. and Vinodhini Prabhu Titumalai, proprietors/partners of M/s. Shreejith Traders in Tamilnadu, filed a criminal application under Section 482 of the Code of Criminal...

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High Court of Bombay at Goa Sets Aside Trial Court's Refusal to Take Up Regular Civil Suit on Board Due to Ambiguous File-to-Record Order. Civil Manual Clause 530 Prevails as Court Holds That Without Express Dismissal or Decree, Parties Entitled to Hearing on All Issues Before Suit Is Taken Up....

The High Court of Bombay at Goa dealt with a writ petition arising from a trial court's refusal to take up a long-pending civil suit on board. The dispute concerned Regular Civil Suit No.94/1982/C, in...

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Bombay High Court at Goa Allows Appeal in Inventory Proceedings Due to Non-Compliance with Summary Inquiry Requirement. Section 400(5) of Goa Succession Act, 2012 Mandates Summary Inquiry Before Disposal of Objections; Order Set Aside and Matter Remanded....

The appeal was filed against an order dated 31.08.2019 passed by the Inventory Court disposing of objections raised at Exhibits 46, 49, and 54 by interested parties in inventory proceedings under the ...

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High Court of Judicature at Bombay, Commercial Division, Adjudicates Arbitration Petition Under Section 34 of Arbitration Act — Challenge to Arbitral Award in Indian Premier League Franchise Dispute. Award Directed Payment of Damages and Interest to Franchisee; Petition Alleges Patent Illegality and Excess of Jurisdiction by Arbitrator....

The dispute arose from the termination of a franchise agreement between the Board of Control for Cricket in India (BCCI), the governing body for cricket in India, and Deccan Chronicle Holdings Ltd (DC...