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CRIMINAL APPEAL NO. 308 OF 2006

The appeal arose from a judgment dated 27-02-2006 delivered by the Additional Sessions Judge, Biloli in Special Case (NDPS) No. 3/2005, convicting the...

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Bombay High Court Considers Second Appeals Regarding Evaluation of Handwriting Expert Evidence and Proof of Sale Deed in Land Dispute. Lower Courts Dismissed Suits Claiming Fraudulent Sale Deed, Preferring Direct Evidence Over Expert Opinion Under Section 45 of Evidence Act.

The case arose from two civil suits filed by the original plaintiff (appellant herein) against the defendant (respondent No.1) and a co-operative bank...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Partnership Retirement Dispute. The Court Examines Whether the Arbitrator Erred in Rejecting Petitioners' Claims and Imposing Costs Under the Arbitration and Conciliation Act, 1996.

Background: The dispute arose out of a partnership firm, M/s. Prospective Traders, constituted in 1977 by three family trusts. In 1985, the petitioner...

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Bombay High Court Considers Application to Vacate Ex Parte Ad Interim Injunction in Trade Mark Infringement Suit. Allegations of Suppression of Material Facts Including Limitation of Registration in Class 25 and Prior User Evidence Are Examined.

The dispute arose from a Commercial Suit for trade mark infringement and passing off filed by Shoban Salim Thakur, sole proprietor of M/s. Family Foot...

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Bombay High Court Examines Evidentiary Value of Dying Declarations in Appeal Against Murder Conviction. Principles Governing Reliability of Dying Declarations Under Section 32 of Indian Evidence Act, 1872 Explained.

The appeal arose from the conviction of the appellant under Section 302 read with Section 34 of the Indian Penal Code by the Additional Sessions Judge...

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Bombay High Court Considers Validity of Disqualification Order Against Woman Sarpanch for Failure to Hold Gram Sabha Meeting on Republic Day. Interpretation of Rule 3(2) of Gram Sabha Rules Indicates Meeting Date Not Mandatory, and Onus on Officials to Guide New Electee.

The petitioner, a Scheduled Tribe woman, was directly elected Sarpanch of village Mundgaon on 20.12.2022 and assumed office on 04.01.2023. Respondent ...

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Bombay High Court Adjudicates Writ Petition Against Port Authority's Decision to Remove Employee on Disproportionate Penalty Grounds. The Court examines whether the disciplinary authority violated principles of natural justice and statutory procedure under MPE Regulations, 1964.

The petitioner, a Hindi Translator with the Mormugao Port Trust, faced disciplinary action culminating in his removal from service on 30.4.2011. He wa...

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Bombay High Court Examines Appeals by Convicts in Group Assault and Murder Case; Key Eyewitness Accounts Found Suffering from Material Omissions. Evidence of Recovery of Weapons and Common Object Under IPC Sections 147, 148, 149 Re-evaluated.

These four criminal appeals arose from a common judgment and order dated 14 June 2006 passed by the 1st Adhoc Additional Sessions Judge, Yavatmal, in ...

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Bombay High Court Dismisses Accused's Petition to Quash FIR Under SC/ST Act and Refusal of Discharge. The Court held that mere allegations of malafide and prior enmity do not justify quashing the FIR without trial, applying the stringent test from Bhajanlal's case.

The petitioner, a builder, faced criminal prosecution under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities...