Bombay High Court

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Bombay High Court Quashes Cancellation of Waqf Board Member Appointment for Lack of Power Under Waqf Act, 1995. State Government Cannot Cancel Membership Except Through Specific Provisions for Disqualification or Removal Under Sections 16, 19, or 20 of the Act....

The petitioner, Shaikh Mahemud S/o Shaikh Mahebub, was appointed as a member of the Maharashtra State Waqf Board by the State Government vide notification dated 13.09.2019, under Section 14(9) read wi...

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Bombay High Court Dismisses Petition Challenging Rejection of Section 311 CrPC Application in Criminal Appeal — Power Under Section 311 CrPC Cannot Be Invoked After Conclusion of Trial...

The petitioner, Mahesh Ahirrao, along with respondents 2 and 3, faced trial for offences under Sections 420, 465, 468, 471 read with 34 of the Indian Penal Code in Regular Criminal Case 3/2007. The Ju...

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Bombay High Court Allows Default Bail to Accused in MPID Act Case Due to Chargesheet Not Taken Cognizance Within 90 Days. The right to default bail under Section 167(2) CrPC accrues when the chargesheet is not taken cognizance within the prescribed period, even if physically filed earlier....

The applicant, Wasudeo Shrawan Kamble, was arrested on 13 July 2020 in connection with Crime No. 427/2020 registered at Police Station Ballarshah, District Chandrapur, for offences under Sections 406,...

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Bombay High Court Dismisses Husband's Appeal in Family Court Appeal No.76 of 2015 — Upholds Family Court's Refusal of Judicial Separation and Divorce on Grounds of Cruelty and Desertion. Allegations of Misrepresentation of Age and Educational Qualifications Not Sufficient to Constitute Cruelty Under Hindu Marriage Act, 1955....

The appellant-husband, Kartik Narayan Dhawle, filed Family Court Appeal No.76 of 2015 under Section 19 of the Family Courts Act, 1984, challenging the judgment of the learned Family Court No.4, Nagpur...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Specification of Period — Blanket Order Invalid Under Section 3(2) Proviso. The court held that the proviso to Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981 mandates specification of detention period in the order, and a blanket order without such specification is invalid....

The petitioner, Sadashiv s/o Shriram Jadhav, challenged the legality and correctness of a detention order dated 18.9.2020 passed by the Collector and District Magistrate, Akola (respondent no.2) under...

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Bombay High Court Dismisses NIA Appeal Against Bail Granted to Accused in UAPA Case — Bail Upheld on Grounds of No Prima Facie Case of Terrorist Act. Court held that mere association with ISIS without evidence of conspiracy to commit terrorist acts does not attract Section 16 of UAPA, and Section 43D(5) bar on bail is not triggered....

The National Investigation Agency (NIA) appealed against an order dated 17/03/2020 passed by the Additional Sessions Judge and Special Judge under the NIA Court, Greater Mumbai, granting bail to the r...

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Bombay High Court Acquits Appellants in Corruption Case Due to Lack of Sanction and Inconsistent Evidence. Conviction under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as mandatory sanction under Section 19 was not obtained and prosecution failed to prove demand and acceptance beyond reasonable doubt....

The appeal was filed by Rajendra Nivruti Gaikwad and Shivaji Kautik Patil, who were convicted under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988, and sentenced to ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — Accidental Death Theory Accepted. Trial Court's Acquittal for Offences Under Sections 498A, 302 read with 34 IPC Upheld Due to Lack of Evidence of Homicidal Death....

The State of Maharashtra appealed against the judgment of the 3rd Adhoc Additional Sessions Judge, Pune, dated 25.3.2003, acquitting four accused persons (Jaideep Namdeo Gorad, Sandeep Namdeo Gorad, S...

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Bombay High Court Acquits Accused in Corruption Trap Case Due to Unreliable Complainant and Lack of Corroboration. Conviction under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as demand and acceptance of bribe not proved beyond reasonable doubt....

The appellant, Anand Murlidhar Salvi, was a Senior Clerk in the office of the Executive Engineer, Implementation Wing, Town Planning, Yerwada, Pune. He was convicted by the Special Judge, Pune, under ...

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Bombay High Court Grants Conditional Leave to Defend in Summary Suit for Recovery of Loan — Triable Issues Raised Regarding Limitation and Acknowledgment of Debt. Defendant's Application for Leave to Defend Allowed Subject to Deposit of 50% of Suit Amount Under Order XXXVII Rule 3(5) of CPC, 1908....

The plaintiffs, Carl Pinto De Andrade and others, filed a Commercial Summary Suit against Ventura Securities Limited for recovery of Rs. 1,00,00,000/- along with interest, based on an alleged loan agr...