Bombay High Court

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Bombay High Court Allows Appeal in Partition Suit — Finds Trial Court Erred in Holding Suit Not Maintainable Due to Prior Family Arrangement. The Court held that a family arrangement need not be in writing and can be inferred from conduct, but the trial court failed to consider evidence and misapplied Order 23 Rule 3 CPC....

The appellants (original defendants) filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 25th February 2020 passed by the Civil Judge ...

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Bombay High Court Upholds Acquittal in SC/ST Act Case Due to Lack of Intent to Humiliate and Absence of Public View. Caste-Based Insult Allegation Fails as Prosecution Did Not Prove Intent to Humiliate Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989....

The State of Maharashtra appealed against the acquittal of five respondents (original accused) by the 1st Adhoc Assistant Sessions Judge, Baramati, for offences under Sections 143, 147, 504, 506 of th...

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Bombay High Court Upholds Conviction for Murder and Robbery Based on Circumstantial Evidence. Appellant convicted under Section 302 IPC for murder and Sections 392/397 IPC for robbery, with life imprisonment and seven years rigorous imprisonment respectively....

The appellant, Girvarsingh Bhagwatsingh Devda, was convicted by the Additional Sessions Judge, Dindoshi, for the murder of Nirmala Premji Vora and for robbery. The prosecution case was that on 4th Nov...

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Bombay High Court Dismisses State Appeal in Food Adulteration Case Due to Procedural Lapses. Non-Compliance with Rule 22 of Prevention of Food Adulteration Rules, 1955 Regarding Division and Sealing of Samples Leads to Upholding of Acquittal....

The State of Maharashtra appealed against the acquittal of the respondent-accused for offences under the Prevention of Food Adulteration Act, 1954. The prosecution case was that on 30-9-1998, Food Ins...

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Bombay High Court Allows Writ Petition Challenging Denial of Approval for Teacher Appointment in Un-Aided School. Education Officer's Order Quashed for Non-Compliance with Natural Justice and Failure to Consider Relevant Provisions of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The petitioners, Smt. Vaishali Raoso Ghadage (an individual teacher) and Atpadi Education Society (a society running an un-aided secondary school), filed a writ petition under Articles 226 and 227 of ...

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Bombay High Court Allows Petition of Upsarpanch Challenging No Confidence Motion Due to Disqualified Member's Vote. Disqualification of a member under the Maharashtra Village Panchayats Act for failure to produce caste validity certificate renders their vote invalid, and exclusion of such vote results in failure to achieve required two-thirds majority for removal....

The petitioner, Kalpana Gangaram Chaudhari, was elected as Upsarpanch of Naigaon Gram Panchayat on 9 April 2018, securing 5 out of 9 votes in a secret ballot. On 16 July 2019, a no confidence motion w...

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Bombay High Court Allows Appeal in Land Acquisition Compensation Case — Appellant Claimant Awarded Enhanced Compensation for Agricultural Land and Fruit Bearing Trees. Court Held That Reference Court Erred in Not Considering Potentiality of Land and Separate Value of Trees, Enhancing Market Value and Tree Compensation....

The appellant, Kasturabai Karpe, owned agricultural lands Gut Nos. 162 and 166 at village Leha, Taluka Phulambri, District Aurangabad, which were acquired for the Wakod medium project under the Land A...

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Bombay High Court Allows Appeal in Land Acquisition Case — Enhances Compensation for Fruit Bearing Trees and Improvements. Claimant Entitled to Additional Compensation for Trees and Well Under Section 18 of Land Acquisition Act, 1894....

The appellant, Narayan Yashwanta Kapse, owned agricultural lands in village Leha, Taluka Phulambri, District Aurangabad, which were acquired for the Wakod medium project. The notification under Sectio...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Inordinate Delay — Preventive Detention Invalidated as Live Link Between Grounds and Detention Purpose Broken...

The petitioner, mother of the detenu Zainul Abbas Shabbir Rajan, filed a writ petition under Article 226 of the Constitution of India challenging the detention order dated 10th October 2019 passed by ...