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Bombay High Court Quashes Process Against Police Constable in Custodial Violence Case — Lack of Sanction Under Section 197 CrPC. Allegations of beating by police officer during arrest require prior sanction for prosecution as the act was in discharge of official duty.

The applicant, Santosh Uttamrao Gomsale, a police constable posted at Kopargaon police station, filed a criminal application challenging the order of ...

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High Court of Judicature at Bombay Allows Appeal by Claimants in Motor Accident Compensation; Reverses 50% Deduction for Contributory Negligence. Multiplier of 17 Under Section 163-A Second Schedule Applied for Deceased Aged 32 Years; Non-Joinder of Truck Parties Not Fatal in Third-Party Claim.

The appeal arose from a motor accident claim under Section 163-A of the Motor Vehicles Act, 1988. The appellants were the widow, minor son, and mother...

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Bombay High Court Hears Criminal Appeals Against Conviction Under Gang Rape and Assault Provisions; Conviction Under Sections 376(D), 323, 504, 506 R/W 34 IPC Challenged. Appellants Contend Unreliable Identification, Absence of Injuries, and Investigative Lapses Undermine Prosecution Case.

The High Court of Judicature at Bombay, Bench at Aurangabad, heard three criminal appeals arising from a common judgment of the Additional Sessions Ju...

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Supreme Court Upholds Death Sentence for Rape and Murder of Minor Girl in POCSO Case. Conviction under Sections 302, 376(2)(f), 377, 363, 364, 367, 201 IPC and POCSO Act affirmed based on DNA evidence and circumstantial evidence.

The case pertains to the kidnapping, rape, unnatural sex, and murder of a 5-year-old girl by her neighbor, the appellant Dattatraya @ Datta Ambo Rokad...

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Bombay High Court Allows Petition Challenging Inclusion of Dry Fruits Under APMC Act — Notifications Ultra Vires. Definition of Agricultural Produce Under Section 2(a) of Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 is Exhaustive and Does Not Include Dry Fruits/Dry Dates.

The petitioner, a partnership firm dealing in dry fruits and dry dates, challenged the validity of notifications dated 20.6.1988 and 18.10.1988 issued...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Café Madras' Restaurant Name. The mark 'Café Madras' held to be inherently distinctive and entitled to protection against use by a subsequent restaurant of the same name.

The plaintiffs, the Kamath family, have been running a restaurant named 'Café Madras' in Matunga, Mumbai since 1938. The restaurant has acquired a re...