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Bombay High Court Quashes Magistrate's Order for Police Investigation Under Section 156(3) CrPC in Private Complaint Alleging Cheating and Criminal Breach of Trust — Held That Magistrate Must Apply Judicial Mind Before Ordering Investigation, Not Act as Post Office.

The Petitioner, Kamal J. Sheth, filed a Writ Petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Criminal Pr...

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Bombay High Court Allows Second Application for Handwriting Expert in NI Act Case Due to Change in Circumstances. Rejection of First Application as Premature Does Not Bar Subsequent Application After Cross-Examination Under Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Sagar Venkatesh Diwan, challenged two orders passed by the Judicial Magistrate, First Class, Nandurbar, in S.T.C.C. No. 528 of 2013, a...

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Bombay High Court Quashes Dismissal of RPF Constable for Dispensing with Enquiry Without Sufficient Reasons. Rule 53 of Railway Protection Force Rules, 1987 Requires Recording of Reasons for Dispensing Enquiry.

The petitioner, an ex-Constable in the Railway Protection Force (RPF), was dismissed from service by order dated 15 January 2019, dispensing with the ...

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Bombay High Court Allows Writ Petition Challenging Eviction Proceedings Under Public Premises Act — Amendment and Show Cause Notice Quashed for Lack of Jurisdiction and Violation of Natural Justice

The petitioner, Shapoorji Pallonji & Company Pvt Ltd, a tenant in a premises owned by the respondent, The New India Assurance Company Ltd, challenged ...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Doubt Over Cause of Death. Conviction under Section 302 IPC Set Aside as Medical Evidence Did Not Establish Hammer Blow as Cause of Death, and Eye Witness Testimony Was Contradictory.

The appellant, Satish Suresh Shrisundar, was convicted by the Additional Sessions Judge, Aurangabad, in Sessions Case No.200/2014 on 29.12.2016 for of...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Ocular Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The case pertains to an appeal filed by Mangesh Sadanand Masane and Sadanand Namdev Masane (original accused Nos. 1 and 2) against their conviction an...

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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Complainant and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Rajendra Suryakant Kapile, was a Senior Clerk in the Sub-Regional Provident Fund Office, CIDCO, Aurangabad. The complainant, Dharamchan...

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Bombay High Court Quashes Magistrate's Order Directing Investigation Under Section 156(3) CrPC in Liquor Licence Dispute Between Relatives. Application Under Section 156(3) CrPC Filed with Oblique Motive to Harass Licensees, Not for Genuine Investigation.

The applicants, four women who are close relatives of non-applicant No.3, challenged an order dated 4.1.2016 passed by the Judicial Magistrate First C...

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Bombay High Court Acquits Peon in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Demand for Rs.300 for Certified Copies Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Raju Shantaram Kakphale, a peon in the Thane District Court, was convicted by the Special Judge, Thane, for offences under Sections 7 a...