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Bombay High Court Upholds Conviction of Two Accused for Sexual Assault of Minor Orphan Girl Under POCSO Act and IPC. Court Relies on Testimony of Victim and School Teachers, Holds That Absence of Medical Evidence Does Not Disprove Sexual Assault When Victim's Testimony Is Credible.

The case involves an appeal by two accused, Sudhir Govindrao Suradkar and Santosh Nathaji Jumbde, against their conviction by the Special Judge (POCSO...

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Bombay High Court Dismisses Union's Challenge to Tribunal Order Refusing to Treat Company's Closure Application as Withdrawn. Held that the Tribunal's refusal was not perverse and the Union's application was premature under Section 25-O of the Industrial Disputes Act, 1947.

The judgment concerns two writ petitions filed by the General Motors Employees Union challenging an order of the Industrial Tribunal dated 28.04.2023 ...

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Bombay High Court Acquits Convict in Rape Case Due to Inordinate Delay and Lack of Medical Evidence. Conviction Under Section 376 IPC Set Aside as Prosecution Failed to Prove Case Beyond Reasonable Doubt.

The appellant, Bhaulal S/o Dokraji Reswal, was convicted under Section 376 of the Indian Penal Code (IPC) by the II Additional Adhoc Sessions Judge, A...

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Bombay High Court Allows Petition Challenging Striking Out of Defence in Suit for Specific Performance. Defence of Defendant No.2 Restored as Trial Court's Discretion to Strike Out Defence Under Order 39 Rule 2A CPC Requires Willful Disobedience of Injunction Order.

The Petitioner, Sanjay Thakkar, was Defendant No.2 in Special Civil Suit No.144 of 2016 filed by Respondent No.1, Bhojja Shantu Shetty, for enforcemen...

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Bombay High Court Dismisses Civil Revision Applications Challenging Order to Remove Encroachments from Suit Property in Partition Suit. Court Upholds Trial Court's Discretion Under Order 39 Rule 1 and 2 CPC to Direct Removal of Encroachments During Pendency of Suit to Preserve Subject Matter of Suit.

The case involves two Civil Revision Applications filed by the applicants (original defendants) challenging an order dated 30/04/2019 passed by the Ci...

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Bombay High Court Quashes Direction for Registration of Crime Against Investigating Officer in NDPS Case for Lack of Jurisdiction. Special Judge's Order to Initiate Criminal Action Against IO for Delay in Filing Charge Sheet Set Aside as Without Authority of Law and in Violation of Natural Justice.

The applicant, Ashish Devidas Morkhade, a Police Sub-Instructor, was the investigating officer in Crime No.318/2021 registered under Sections 20(b) an...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Cruelty and Demand of Dowry. Conviction under Sections 304-B, 498-A IPC and Sections 3, 4, 6 of Dowry Prohibition Act set aside as prosecution failed to prove dowry demand and harassment soon before death.

The case involves appeals against conviction for dowry death and related offences. The deceased, Sunita, was married to accused no.2 (Digambar) and di...

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Bombay High Court Allows Parents' Appeal in Railway Accident Claim — Falling from Crowded Train is Untoward Incident Under Section 123(c)(2) of Railways Act, 1989. Parents Held to be Dependants Entitled to Compensation Despite Lack of Documentary Proof.

The appellants, parents of the deceased Alpesh Arun Dhotre, filed a claim for compensation before the Railway Claims Tribunal after their son died whi...