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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption Under Section 139 of NI Act Shifts Burden on Accused, Which Was Not Discharged.

The appellant, Mohammad Murtuza Mohammad Yusuf, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, G...

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Bombay High Court Dismisses Workman's Petition Challenging Labour Court Award in Theft Case — Resignation Held Voluntary. Workman failed to prove forced resignation after being caught stealing hospital property; Labour Court's rejection of reinstatement and back wages upheld.

The petitioner, Sadanand Bhikaji Durgavali, was employed with the first respondent, Jaslok Hospital and Research Centre. On 26th January 1987, he was ...

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High Court Dismisses Appeal and Contempt Petition in Demolition Dispute -- Petitioner Challenge to BMC's Demolition Order Under BMC Act Fails, Contempt Allegations Rejected

The Appellant, filed an Appeal against the dismissal of a Notice of Motion seeking an interim injunction to restrain the Brihanmumbai Municipal Corpor...

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Bombay High Court Upholds Conviction for Rape of Minor Under Section 376(2)(f) IPC — Penetration Established by Medical Evidence. The court held that slight penetration is sufficient for rape and the medical evidence corroborated the victim's testimony.

The appellant, Mohammed Gaus Ibrahim Shaikh, was convicted by the Additional Sessions Judge, Greater Bombay, for the offence of rape under Section 376...

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Bombay High Court Acquits Accused in Drug-Laced Banana and Theft Case Due to Unreliable Identification and Lack of Evidence. Conviction under Sections 328 and 379 IPC set aside as sole witness failed to identify accused in court and prosecution failed to prove administration of intoxicating substance.

The appellant, Rajesh Jatihusain Ansari, was convicted by the learned Assistant Sessions Judge, Mumbai, for offences under Sections 328 (administering...

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Bombay High Court Restores Maintenance to Wife Despite Adultery Allegation — Cancellation of Maintenance Requires Proof of Adultery at the Time of Claim, Not Past Divorce Decree. Family Court's Reliance on Divorce Decree and Witness Testimony Held Insufficient to Prove Adultery Under Section 125 CrPC.

The petitioners, Laxmi Dnyanadeo Netke (wife) and her minor son Vikas Dnyanadeo Netke, challenged the common order dated 17.7.2014 passed by the Famil...

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Bombay High Court Quashes Criminal Complaints Against Newspaper Publisher for Lack of Vicarious Liability Under Negotiable Instruments Act. Publisher Not Liable for Dishonour of Cheques Issued by Employees Without Authorisation.

The petitioner, Lokmat Media Private Limited, a newspaper publishing company, filed multiple writ petitions under Article 226 of the Constitution of I...

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Bombay High Court Dismisses Second Appeal in Property Suit, Upholding Concurrent Findings on Title and Possession. Adverse Possession Claim Fails as Appellant Failed to Prove Hostile Possession for Statutory Period Under Limitation Act, 1963.

The case involves a second appeal filed by the original defendant (appellant) against the concurrent judgments of the trial court and first appellate ...