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High Court of Bombay at Goa Acquits Accused in NDPS Case for Non-Compliance with Section 50. Search of Shoulder Bag Held to Be Personal Search Requiring Mandatory Notice of Right to Be Searched Before Gazetted Officer or Magistrate.

The appellant, Kushal Puri, was convicted by the learned Sessions Judge, Goa, in NDPS Case No.40/2015 for possession of 1.216 kg of charas, a commerci...

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Bombay High Court Dismisses Petition Seeking CBI Investigation in Assault Case Alleging Political Rivalry. Court holds that mere allegations of political rivalry or delay in investigation do not warrant transfer of investigation to CBI under Article 226 of the Constitution of India.

The petitioner, Shamin @ Chintu Jamaluddin Shaikh, filed a writ petition under Article 226 of the Constitution of India seeking a direction to transfe...

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Bombay High Court Acquits Husband in Abetment of Suicide Case Due to Lack of Evidence of Instigation or Cruelty. Allegations of Dowry Demand and Harassment Not Proven Beyond Reasonable Doubt Under Sections 306 and 498-A IPC.

The appellant, Bharat Pandurang Patil, was convicted by the 3rd Ad-hoc Additional Sessions Judge, Palghar, on 7th September 2006 in Sessions Case No.3...

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Bombay High Court Acquits Accused in Counterfeit Currency Case Due to Lack of Evidence of Knowledge and Intent. Conviction under Sections 489B and 489C IPC set aside as prosecution failed to prove that the appellant knew or had reason to believe the notes were counterfeit.

The appellant, Smt. Jahanurbir Gayasuddin Shaikh, was convicted by the Ad-hoc Additional Sessions Judge, City Civil and Sessions Court, Gr. Mumbai, fo...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Specific Performance Suit Based on Oral Agreement for Sale. Agreement to Sell Need Not Be in Writing If Followed by Part Performance Under Section 53A of Transfer of Property Act, 1882.

The present appeal arises from an order dated 6/11/2004 passed by the Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No. 201/2004, g...

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Bombay High Court Allows Complainant's Application to Recall Witness in NI Act Case — Cross-Examination Right Not Forfeited by Mere Absence on One Date. The court set aside acquittal and remanded for recall of complainant for cross-examination under Section 311 CrPC.

The applicant, Pratap @ Prakash Kripaldas Chugh, was the original complainant in a criminal complaint under Section 138 of the Negotiable Instruments ...

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Bombay High Court Allows Appeal Against Injunction in Specific Performance Suit — No Prima Facie Case for Injunction When Possession Not Delivered Under Agreement. The court held that a plaintiff not in possession under an agreement to sell cannot restrain the owner from constructing on the property.

The appellant, Shankar Govindlal Patwari, was the owner of an open plot bearing CTS No.3238 admeasuring 59.04 square meters within Dhule Municipal Cor...

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Bombay High Court at Goa Dismisses Petitions Challenging Chancellor's Order in Goa University Service Dispute. Appointment of Lower Division Clerk Set Aside as Not Conforming to Goa University Act, 1984.

The judgment concerns two writ petitions filed by S.R. Phal (since deceased, represented by legal heirs) and Vinayak J. Kamat challenging an order dat...