Bombay High Court

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Bombay High Court Allows Writ Petition for Release of Imported Container Without Payment of Full Rent and Demurrage for Re-export — Petitioner Not Liable for Charges After Customs Clearance Refusal Due to Misdeclaration...

The petitioner, Sahaj Impex, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a direction to the respondents, Balmer Lawrie & Co Ltd and anothe...

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Bombay High Court Upholds Conviction of Accused in POCSO Case for Molesting Minor Daughter — Evidence of Mother and Neighbors Found Credible, Sentence Reduced to 5 Years. The court held that the conviction under Section 10 of POCSO Act was sustainable but reduced the sentence from 10 years to 5 years considering the appellant's age and lack of criminal antecedents....

The appellant, Libnus s/o Fransis Kujur, was convicted by the Special Judge, Gadchiroli, in Special POCSO Case No. 07/2019 for offences under Sections 354-A(1)(i) and 448 of the Indian Penal Code (IPC...

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Bombay High Court Allows Impleadment of Trust in Writ Petition Concerning Educational Institution Management. Beneficiary of Trust Held Entitled to Be Heard Before Final Order Affecting Trust Property....

The case involves an Interim Application (L) No.1063 of 2021 filed by Rao Educational Trust seeking impleadment in a pending Writ Petition (L) No.2331 of 2019 filed by Manju Ramesh Jaiswal against the...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Dying Declaration. Dying declaration found inconsistent with medical evidence and lacking corroboration, failing to prove guilt beyond reasonable doubt under Section 302 IPC....

The State of Maharashtra appealed against the acquittal of Bhagwan Sukhadeo Bhandalkar (respondent-accused) for the murder of his wife, Sadhana, by burning. The incident occurred on 10/03/2003 when th...

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Bombay High Court Grants Bail to Accused in NDPS Act Case Due to Incomplete Charge-Sheet Without Chemical Analysis Report. Charge-sheet filed without Chemical Examiner's report under Section 173(2) Cr.P.C. is incomplete, entitling accused to default bail under Section 167(2) Cr.P.C....

The applicant, Sagar Parshuram Joshi, was arrested on 12th October 2019 in connection with Crime No. II-369 of 2019 registered at Kopar Khairane Police Station for offences punishable under Sections 8...

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Bombay High Court Allows Tenant's Writ Petition in Eviction Case Based on Denial of Title — Rent Controller's Order Restored. Landlady's eviction application dismissed as denial of title was not bona fide and tenant continued to pay rent....

The dispute pertains to a residential house in Panaji, Goa, leased by Antonio Neri Francisco Fernandes to Chintamona Boirov Moralkar in 1952. After Chintamona's death, his son Naneshwar Maralkar becam...

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High Court of Bombay at Goa Dismisses Revenue's Appeal in Tax Case — ITAT Correctly Quashed Commissioner's Revisional Order Under Section 263 of Income Tax Act. The Court Held That the Assessing Officer's Order Was Not Erroneous or Prejudicial to Revenue as Inquiries Were Conducted and a Plausible View Was Taken....

The case involves a tax appeal by the Principal Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which set aside the Commissioner's revisional order under Secti...

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Bombay High Court Allows Appeal in Tree Preservation Act Case — Suit Not Barred by Section 28 as Act Not Applicable to Private Trees. Notices for compounding fees under the Goa, Daman and Diu Preservation of Trees Act, 1984 were invalid because the Act did not apply to trees on private land not covered by a notified area....

The appellants, original plaintiffs, filed Special Civil Suit No.18/1991/A in the Court of Civil Judge, Senior Division, Bicholim, seeking a declaration that notices dated 13.12.1989 and 18.12.1989 is...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt....

The appellant, Prakash Harishchandra Mandalik, was convicted by the Special Judge, Pune, under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, and sentenced ...