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Bombay High Court Upholds Conviction for Rape and Robbery in Case of False Promise of Marriage. Court holds that sexual intercourse on false promise of marriage constitutes rape under Section 375 IPC and that theft during such act amounts to robbery under Section 390 IPC.

The case involves two appeals: Criminal Appeal No. 467 of 2012 filed by the convict Anand Singh challenging his conviction and sentence, and Criminal ...

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High Court of Judicature at Bombay Allows Appeal in Motor Accident Claim Case — Deceased Driver's Income Exceeds Threshold Under Section 163A of Motor Vehicles Act, 1988. Claim Under Section 163A Not Maintainable as Deceased's Annual Income Exceeded Rs.40,000/- Limit Prescribed Under Second Schedule.

The appellants, legal heirs of deceased Kailas Vithal Nanaware, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988 before the M...

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Bombay High Court Allows Landlord's Petition in Rent Default Case — Eviction Decree Restored. Tenant's failure to pay rent for over six months constitutes wilful default under Section 22(2)(a) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968.

The petitioners, landlords of a commercial premises, sought eviction of the respondent tenant on the ground of default in payment of rent under Sectio...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Non-Application of Mind. Detenu's Past Conduct and Single Incident Insufficient to Justify Preventive Detention Under Section 3(1) of Maharashtra Prevention of Dangerous Activities Act, 1981.

The petitioner, Chandrakala w/o Ramlal Jadhav, challenged the detention order dated 07.12.2020 passed by the District Collector, Jalna (respondent No....

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High Court of Karnataka Acquits Accused in Murder Case Due to Benefit of Doubt on Juvenile Status and Inconsistent Evidence. Claim of juvenility at time of offence not properly considered; conviction under Sections 302, 307 read with 34 IPC set aside.

The appellant, Channappa, was convicted by the Sessions Judge, Yadgir, in S.C. No. 40/2012 for offences punishable under Sections 307, 302 read with 3...

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Bombay High Court Dismisses State's Petition Against MRT Order in Forest Land Dispute — Failure to Implead Necessary Parties and Lack of Evidence of Government Ownership Leads to Dismissal.

The State of Maharashtra and the Deputy Conservator of Forests, Alibag, filed a writ petition under Article 226 of the Constitution of India challengi...

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Bombay High Court Quashes Penalty Order in Cable Operator Entertainment Duty Case — Compounding Provision Misused as Adjudication Mechanism. Section 9A of Bombay Entertainments Duty Act, 1923 cannot be invoked for determining duty and penalty without a proper adjudication under Section 7.

The petitioner, Vimal Balbhim Nangane, was a cable operator in Mumbai Suburban District. The Collector issued a notice on 15 January 2004 alleging tha...

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Bombay High Court Allows Writ Petition of Part-Time Librarian Against Non-Absorption Order. Education Inspector's Order Set Aside for Non-Compliance with Government Resolution and Denial of Opportunity of Hearing.

The petitioner, Usha Ashok Kare, was appointed as a part-time permanent librarian in Sheth D.G.T. High School, Girgaon, run by respondent No.2 Gokhale...