Bombay High Court

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Bombay High Court Allows Appeal in Family Court Case — Sets Aside Decree Declaring Marriage Null and Void for Lack of Jurisdiction. Family Court lacked jurisdiction to declare marriage null and void under Section 7(g) of Family Courts Act, 1984 read with Section 151 CPC as no specific provision for such declaration exists....

The appeal arises from a judgment and decree passed by the Family Court No. 4, Nagpur in Petition No. B-30/2012, which declared the marriage between the appellant Durgaiya Pocham Sullewar and responde...

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Bombay High Court Quashes FIR Against APMC Directors in Cheque Dishonour Case — No Offence Made Out Under Section 138 of Negotiable Instruments Act, 1881 as Complainant Failed to Show Legally Enforceable Debt or Liability....

The applicants, who were directors and office bearers of the Agricultural Produce Market Committee (APMC), Chandur Bazar, filed an application under Section 482 of the Code of Criminal Procedure, 1973...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Consideration of Representation. Failure to Consider Detenu's Representation Before Confirmation Violates Article 22(5) of the Constitution....

The petitioner, Wasim @ Mukri A.Salar, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates...

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Bombay High Court Acquits Appellants in Dowry Death Case Due to Lack of Evidence of Cruelty and Demand of Dowry. The Court held that the presumption under Section 113B of the Indian Evidence Act, 1872 cannot be invoked unless the prosecution establishes that the deceased was subjected to cruelty or harassment in connection with dowry demands soon before her death....

The case pertains to two criminal appeals filed by the appellants against the judgment and order dated 9/12/2014 passed by the Additional Sessions Judge, City Civil & Sessions Court, Gr. Mumbai in Ses...

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Bombay High Court Dismisses Petition Challenging Tenders for Take Home Ration and Hot Cooked Meal Programs. Court finds no violation of Supreme Court directions as impugned tenders were not issued by State Government but by Municipal Corporation....

The petitioner, Mumbai V. Konkan Vibhagiya Mahila Aydyogik Utpadak Sahakari Sanstha Mahasangh Ltd., a federation of women self-help groups registered under the Co-operative Societies Act, filed a writ...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Lack of Material to Show Public Order Threat. Theft of sand and IPC offences held to be law and order issues, not public order....

The petitioner, Narayan Radhakishan Bhusari, challenged his preventive detention under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Danger...

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Bombay High Court Quashes FIR in Maharashtra Animal Preservation Act Case Due to Lack of Proof of Cow Species. Court holds that mere recovery of animal skins without conclusive evidence of being cow species does not constitute an offence under Sections 5 and 9 of the Maharashtra Animal Preservation Act, 1976....

The applicant, Shafiqullaha Kha Ashfaqullha Kha, was the driver of a Pick Up Bolero van bearing registration No. MH-37/J-1153. On 15 July 2018, a First Information Report (FIR) was registered at Polic...

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Bombay High Court Dismisses Stay Application in Arbitral Award Challenge — No Automatic Stay Under Section 36 of Arbitration Act Without Strong Prima Facie Case. Court holds that mere filing of Section 34 petition does not warrant stay; applicant must demonstrate irreparable harm and balance of convenience....

The judgment concerns an interim application filed by Kishor N Shah and others (the Shahs) under Section 36 of the Arbitration and Conciliation Act, 1996, seeking a stay on the execution of an arbitra...