Bombay High Court

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Lack of Proximity Between Offences and Public Order. Single Criminal Case and In-Camera Statements Held Insufficient to Establish Threat to Public Order Under Section 3(2) of MPDA Act....

The petitioner, Salman @ Baba Harun Khan, challenged a preventive detention order dated 18.01.2019 passed by the Commissioner of Police, Nagpur, under Section 3(2) of the Maharashtra Prevention of Dan...

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Bombay High Court Upholds Life Conviction for Murder Based on Eyewitness Testimony and Extra-Judicial Confession. Axe assault on deceased in field leads to conviction under Section 302 IPC as prosecution proves guilt beyond reasonable doubt....

The appellant, Hivraj Uikey, was convicted by the Additional Sessions Judge, Gadchiroli for the murder of the deceased under Section 302 of the Indian Penal Code and sentenced to life imprisonment. Th...

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Bombay High Court Allows Writ Petition Challenging Appellate Order in Property Dispute — Interim Injunction Restored Pending Suit. The court held that the appellate court exceeded its jurisdiction by reversing the trial court's grant of interim injunction without finding perversity, and restored the status quo ante....

The petitioners, Vishnu Anant Dessai and his wife, filed a suit in 2015 seeking declaration that a sale deed executed in 2014 by the vendor (respondent no.2, since deceased) in favor of respondent no....

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Bombay High Court Acquits Appellant in Murder Case Due to Lack of Evidence and Inconsistent Prosecution Case — Conviction under Section 302 IPC Set Aside as Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt...

The appellant, Shrikant Laxman Surwase, was convicted by the Additional Sessions Judge, Solapur under Section 302 of the Indian Penal Code, 1860 for the murder of his wife, Ashwini, and sentenced to l...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Injured Witness and Lack of Corroboration. Conviction under Section 302 IPC set aside as sole testimony of PW-2 was inconsistent with medical evidence and prosecution failed to prove motive....

The appellant, Milind Hanumant Shinde, was convicted by the Additional Sessions Judge, Baramati for the murder of a 10-year-old boy, Prathamesh, and for attempting to murder the victim (PW-2) under Se...

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Bombay High Court Dismisses Employer's Challenge to Disability Certificate Issued by Medical Board in BEST Employee Case. The Court held that the employer cannot challenge the disability certificate without independent evidence, and the writ petition under Articles 226 and 227 is not maintainable....

The petitioner, Brihan Mumbai Electric Supply and Transport Undertaking (BEST), filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the disability certificate iss...

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Bombay High Court Allows Auction Purchaser’s Writ Petition, Quashes Divisional Joint Registrar's Order Setting Aside Cooperative Society Auction Sale. Auction Sale Conducted in Compliance with Rule 107(11)(e) of Maharashtra Co-operative Societies Rules, 1961, and Revision Application Not Maintainable Absent Order Under Rule 107(14)(1)....

The dispute arose out of recovery proceedings under the Maharashtra Co-operative Societies Act, 1960, initiated by Sanjivani Nagari Sahakari Patsanstha, Satara Branch, against respondent No.1, Vithal ...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantee Invocation in Development Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted on grounds of fraud or irretrievable injustice, not mere breach of underlying contract....

The appeal arose from a commercial suit where the appellant, Kryshnajay Developers Pvt. Ltd., sought a temporary injunction to restrain the respondents (Kapil Mahtani and others) from invoking a bank ...

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Bombay High Court Upholds Life Conviction for Murder Based on Circumstantial Evidence — Business Rivalry Leads to Fatal Assault. Conviction under Section 302 r/w 34 IPC sustained as chain of circumstances including motive, last seen evidence, recovery of weapons, and extra-judicial confession was complete and consistent with guilt....

The appellants, Shashikumar Ramswami Harijan, Babu Subramaniam Ramaswami Harijan, Meghraj Subramaniam Harijan, and Annadurai @ Tata Ramswami Harijan, were convicted under Section 302 read with Section...

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Bombay High Court Upholds Conviction of Father for Raping Minor Daughter Under POCSO Act. Life imprisonment confirmed for aggravated penetrative sexual assault under Section 6 POCSO Act, but conviction under Section 376d IPC set aside for lack of evidence of gang rape....

The appellant, Mohd. Zakir Habib Khan, was convicted by the Special Court under the POCSO Act for sexually abusing his own daughter from the time she was six years old until she was fourteen. The vict...