Bombay High Court

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Bombay High Court Quashes Government Notice for Non-Compliance with Natural Justice in Maharashtra Municipal Councils Act, 1965 — Notice Issued Without Prior Hearing Violates Section 55A and Principles of Audi Alteram Partem....

The Bombay High Court, in a common judgment, allowed two writ petitions challenging a notice dated January 6, 2017, issued by the Under Secretary to the Government of Maharashtra, Urban Development De...

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Bombay High Court Allows Husband's Appeal for Divorce on Ground of Cruelty Under Hindu Marriage Act, 1955 — Wife's Abnormal Behaviour and False Criminal Complaint Constitute Mental Cruelty. Filing of false Section 498-A IPC case and persistent abnormal conduct held to be cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955....

The appellant husband married the respondent wife about 14 years before filing the divorce petition. They had two children: a son Pandurang born in 1991 and a daughter Deepali born in 1993. The husban...

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Bombay High Court Acquits Appellant in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 376 and 506(2) IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Babul Khan Wali S/o Mohmaad Khan, was convicted by the Special Judge (POCSO Act), Aurangabad, in Special Case Child Prot. No. 38/2017 for offences under Sections 376 and 506(2) of the I...

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Bombay High Court Quashes FIRs Against Retired Government Officer in Irrigation Scam Due to Lack of Sanction for Prosecution. Sanction under Section 19 of Prevention of Corruption Act, 1988 is mandatory and refusal by competent authority bars prosecution....

The petitioner, Chandan Tulsiram Jibhakate, a retired Senior Divisional Account Officer, was implicated in five FIRs (Crime Nos. 540/2017, 542/2017, 67/2018, 70/2018, and 251/2018) relating to the 'ir...

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Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Sufficient Material and Non-Application of Mind. Externment under Section 56(1)(b) of Maharashtra Police Act set aside as the order was passed without proper consideration of the material and without recording satisfaction that the petitioner's movements were causing harm....

The petitioner, Darshan Arun Barhanpure, challenged an externment order dated 14.10.2010 passed by the Deputy Collector & Sub-Divisional Magistrate, Daryapur, Amravati (respondent No.2) under Section ...

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High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. The court held that the driver of the Tata 407 was negligent in overtaking, contributing 50% to the accident, and reduced the insurer's liability accordingly....

The case arises from a motor accident that occurred on 22.05.2012 involving a Tata 407 vehicle (MH-27/C-230) and an autorikshaw (MH-27/C-6242). The accident resulted in the death of Mangala and Nilesh...

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High Court of Bombay at Goa Frames Substantial Questions in Second Appeal Concerning Neighbour's Right to Seek Demolition for Setback Violation. Dispute Pertained to Compliance with Order VII Rule 3 CPC and Sections 38-39 of Specific Relief Act, 1963, with Trial Court Granting Decree and First Appellate Court Reversing It....

The dispute arose from Regular Civil Suit No. 153/2004/II filed by the appellant, Benedito Souza, against respondent Nos. 1 and 2, Caetano Rosario Estibeiro and Fatima Estibeiro, and respondent No. 3,...

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Bombay High Court Grants Bail to Accused in MCOCA Case for Lack of Prima Facie Evidence of Conspiracy and Organised Crime. Applicant, one of four accused, charged under MCOCA and IPC for alleged conspiracy to murder, but court found no credible material linking him to the conspiracy or organised crime syndicate....

The applicant, Shri Girish Kumaran Nayar, was one of four accused in Crime No.574 of 2016 registered at Virar Police Station for offences under Sections 115, 302, 120B of the Indian Penal Code, 1860, ...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration and Weak Circumstantial Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Sanjay Namdeo Gaikwad, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his wife, Umabai, and sentenced to life imprisonment. The prosecution case was th...