Bombay High Court

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Bombay High Court Dismisses State Appeal Against Acquittal in Rape and Atrocities Case — Inconsistent Testimony and Lack of Corroboration Lead to Upholding of Acquittal. The court found that the prosecution failed to prove the charges under Sections 376, 504, 506 IPC and Section 3(2)(xii) of the SC/ST Act beyond reasonable doubt....

The State of Maharashtra appealed against the acquittal of the respondent, Shailesh Sadashiv Mohite, for offences under Sections 376, 504, 506 of the Indian Penal Code (IPC) and Section 3(2)(xii) of t...

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Bombay High Court Allows Petition Challenging Cancellation of Approval for Junior Clerk Appointment — Government Resolution Cannot Apply Retrospectively to Advertisement Issued Prior to Resolution....

The petitioner, Welcome Augusten Mascaren, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an order dated 23rd October, 2018 passed by the...

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Bombay High Court Upholds Domicile-Based Priority in MBBS Admissions — First Priority Rule Requiring Study from VIII to XII in Union Territory Upheld as Reasonable Classification. Rule 4(a) of Admission Prospectus for NAMO Medical College, Silvassa, held valid and not violative of Article 14 of Constitution....

The petitioner, a domicile of Dadra & Nagar Haveli, appeared for NEET-2020 and secured 502 marks. She applied for MBBS admission at NAMO Medical Education & Research Institute, Silvassa, the only gove...

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Bombay High Court Allows Secured Creditor's Priority Over Sales Tax Dues in MVAT Act Attachment Dispute. State Bank of India's mortgage charge on borrower's property held superior to VAT recovery under Section 32 of MVAT Act, 2002, following Central Bank of India v. State of Kerala ratio....

The State Bank of India (SBI), a secured creditor, filed a writ petition under Article 226 of the Constitution challenging the attachment of a property (Plot No. W-7) belonging to its borrower, Krishn...

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Bombay High Court Allows Petitions Challenging Commissioner's Jurisdiction Under Section 16(2) of Maharashtra Village Panchayats Act, 1959 — Commissioner Cannot Entertain Appeal Against Collector's Refusal to Disqualify Under Section 14B....

The petitioners, Mrs. Shobhabai Narayan Shinde and Mrs. Sunita Nana Bhil, filed separate writ petitions before the Bombay High Court, Aurangabad Bench, challenging an order passed by the Divisional Co...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Dagadu Vishvanath Gaikwad, was convicted under Section 302 IPC for the murder of his wife Sunita. The prosecution's case was based on circumstantial evidence including motive, last seen...

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Bombay High Court at Goa Dismisses PIL Alleging Illegal Construction and Environmental Violations in Navelim — No Specific Violation of Law Found. The court held that the petitioners failed to establish any illegality in the constructions or environmental violations, and the authorities were taking adequate steps....

The petitioners, Navelim Civic & Consumer Forum and six residents, filed a Public Interest Litigation before the Bombay High Court at Goa alleging illegal constructions, environmental degradation, and...

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Bombay High Court Dismisses Petition Challenging Refusal to Impound Agreement of Sale in Specific Performance Suit. Notarised Agreement of Sale Not an Instrument Chargeable with Stamp Duty Under Maharashtra Stamp Act, 1958....

The petitioners (defendants in the suit) challenged a common order dated 22/8/2019 passed by the learned Senior Civil Judge at Pune in Special Suit No.935/2012, whereby the trial court refused to impo...

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Bombay High Court Allows Writ Petition Challenging Rejection of Inclusion in Shalarth Pranali — Petitioner Appointed as Peon in Clear Vacancy, Delay in Approval Not Attributable to Him. The court held that prior permission is not required for appointment in a clear vacancy and the petitioner cannot be penalized for administrative delay....

The petitioner, Dilip Mohan Desai, was appointed as a Peon by the Ajara Mahal Shikshan Mandal in Vyankatrao High School and Junior College, Kolhapur, on 5th April 2007 in a clear vacancy. The manageme...

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Bombay High Court Allows CIDCO to Cut Mangroves for Public Road Project Subject to Conditions. Court permits removal of mangroves over 0.6266 hectares for construction of 11m wide bypass bridge in Navi Mumbai, imposing compensatory plantation and environmental safeguards....

The petitioner, City & Industrial Development Corporation of Maharashtra Ltd. (CIDCO), filed a writ petition seeking permission to cut and remove mangroves over an area of 0.6266 hectares for the cons...