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Bombay High Court Upholds Conviction of Father-in-Law for Rape and Aggravated Penetrative Sexual Assault on Minor Daughter-in-Law. Victim's Credible Testimony and Medical Evidence Sufficient to Sustain Conviction Under Sections 376, 506(II) IPC and Section 6 POCSO Act.

The appellant, Tukaram Pandurang Mhaske, was convicted by the Designated Judge under the POCSO Act for offences under Sections 376 and 506(II) of the ...

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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...

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Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

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Bombay High Court Dismisses Application for Cancellation of Bail in POCSO Case — No Supervening Circumstances or Misconduct Established. Court held that cancellation of bail requires proof of misuse of liberty or supervening circumstances, not mere disagreement with the bail order.

The applicant, a minor victim through her natural guardian, filed an application under Section 439(2) of the Code of Criminal Procedure, 1973, seeking...

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Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank Against Finolex Industries Under Section 433(e) Companies Act, 1956 — Disputed Derivative Transaction Debt Precludes Summary Winding-Up. Court Holds That Winding-Up Petition Is Not a Debt Recovery Mechanism and Dismisses Petition with Costs.

The judgment arises from a Company Petition filed by Deutsche Bank AG, Mumbai Branch, seeking winding-up of Finolex Industries Limited under Section 4...

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Bombay High Court Quashes CBEC Circular on Service Tax Refund for Exporters — Circular Held Ultra Vires Section 11B of Central Excise Act, 1944 and Section 93 of Finance Act, 1994.

The Bombay High Court, in a batch of writ petitions filed by various companies including Larsen & Toubro Limited, Uhde India Private Limited, Tata Tel...

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Bombay High Court Dismisses PIL Challenging Environmental Clearance for Iron Ore Mine Expansion. Deletion of Time Condition by Competent Authority Held Valid, Mining Operations Not Illegal.

The petitioner, Shankar Raghunath Jog, a retired government servant and resident of Sancordem, Goa, filed a Public Interest Litigation (PIL) before th...