Bombay High Court

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Bombay High Court Allows Appeal Against Condonation of Delay in MPID Act Case — Designated Court Has No Power to Condon Delay Beyond 90 Days Under Section 5(3) of MPID Act. Limitation Period for Filing Application Under Section 5(3) is 90 Days, Delay Cannot Be Condoned Beyond That Period as MPID Act is a Complete Code....

The appellants, Mr. Nimish s/o Satish Deopujari, Mr. Satish s/o Shankarrao Deopujari, and Sau. Vandana w/o Satish Deopujari, filed an Appeal Against Order before the Bombay High Court, Nagpur Bench, c...

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Bombay High Court Remands Injunction Matter in Property Dispute for Fresh Consideration of Subsequent Developments. The court set aside the appellate order and restored the injunction application, directing the trial court to examine new evidence of mundkarial rights and permissions obtained lis pendens....

The petitioners, defendants in a civil suit, were injuncted from constructing a house by the trial court on 13.9.2011. The appellate court confirmed the injunction on 21.7.2012. Pending the writ petit...

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Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Complainant. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988....

The State of Maharashtra appealed against the acquittal of Jayawant Tatyaba Khaire, a Taluka Agricultural Officer, for offences under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention ...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Harassment and Abetment of Suicide Case. Trial Court's Finding of No Cruelty or Abetment Upheld as Not Perverse Under Sections 498A and 306 IPC....

The State of Maharashtra appealed against the judgment of the First Ad-hoc Additional Sessions Judge, Nashik, dated 26th September 2003, which acquitted the accused (respondents) of offences under Sec...

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Bombay High Court Upholds Acquittal in Food Adulteration Case Due to Non-Compliance with Sampling Procedure. Failure to Take Samples in Clean and Dried Bottles as Required Under Rule 14 of Prevention of Food Adulteration Rules, 1955 Renders Prosecution Unreliable....

The State of Maharashtra appealed against the acquittal of Ashishkumar Dineshkumar Patel, proprietor of M/s. New Rajashiri Oil Depot, for offences under Section 7(i) read with Section 2(ia)(a) and 2(i...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC Set Aside as Dying Declarations Contradicted Each Other and Medical Evidence Did Not Support Prosecution Case....

The appellant, Navin Bhimrao Bansode, was convicted by the trial court under Sections 302, 323 and 506 of the Indian Penal Code for the murder of his wife Pushpa. The prosecution case was that on 16.1...

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Bombay High Court Directs Police to Register FIR Against Sugar Mill Officials for Non-Payment of Sugarcane Price Under Essential Commodities Act, 1955 and Sugarcane (Control) Order, 1966. The court held that failure to pay sugarcane price within prescribed period is a cognizable offence, and police must register FIR under Section 154 CrPC....

The petitioner, Pawan Ramkisan Chandak, a farmer, filed a criminal writ petition before the Bombay High Court, Aurangabad Bench, seeking a direction to the police to register a First Information Repor...

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Bombay High Court Allows Appeal in Railway Accident Case — Deceased's Fall While Alighting Train at Non-Stoppage Station Held to be Untoward Incident Under Section 123(c) of Railways Act, 1989. Negligence of Deceased Not a Defense Under Section 124A; Legal Heirs Entitled to Compensation....

The appeal arises from the rejection of a claim petition by the Railway Claims Tribunal, Nagpur, in Case No. OA(IIu)NGP/2013/0331. The deceased, Arjun Hiribhau Gawande, purchased two railway tickets a...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Despite Wrong Train. Identification of Deceased by Son Through Belongings Sufficient Under Railways Act, 1989....

The appeal was filed by the legal heirs of deceased Motiram Meshram against the judgment of the Railway Claims Tribunal, Nagpur, which rejected their claim for compensation. The deceased had purchased...

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High Court of Bombay at Goa Allows Writ Petition Against Registration of Society with Identical Name. Inspector General of Societies Directed to Issue Directions Under Section 12A(5) of Societies Registration Act, 1860 to Change Name of Society Registered with Identical Name as Existing Society....

The petitioner, Sociedade Patriotica Dos Baldios Das Novas Conquistas, was a society registered under erstwhile Portuguese laws approximately between 1926 and 1928, owning substantial properties in Sa...