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Bombay High Court Dismisses Husband's Appeal for Nullity of Marriage on Ground of Sapinda Relationship, Upholds Wife's Right to Maintenance. Marriage Not Void Ab Initio as Customary Exception Proved and Sapinda Relationship Not Established Beyond Doubt Under Section 11 of Hindu Marriage Act, 1955.

The parties, husband and wife, married in January 1981 and separated in July 1981. They lived in a joint family property in Girgaum. The wife filed a ...

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Bombay High Court Allows Second Appeal in Mundkar Property Dispute — Civil Court Lacks Jurisdiction Over Mundkar Status Under Section 31(2) of Goa Daman and Diu Mundkar (Protection from Eviction) Act, 1975. Mandatory Injunction for Demolition Set Aside as Suit Partly Barred by Limitation.

The case involves a Second Appeal filed by the defendants against the judgment and decree of the lower appellate court in a suit for demolition of str...

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Bombay High Court Dismisses Petition of Assistant Teacher Seeking Retirement at 60 Years Under Government Resolution. Government Resolution dated 27th October 1994 Raising Retirement Age to 60 Years Does Not Apply to Zilla Parishad Employees as They Are Not Government Servants.

The petitioner, Shaligram Laxman Wakate, was an Assistant Teacher in a Zilla Parishad School in Warodi, Akola. He was born on 17th July 1938 and appoi...

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Bombay High Court Allows Restoration of Criminal Complaint in Cheque Dishonour Case Due to Non-Compliance with Conditional Order. Petitioner's right to prosecute respondent for offence under Section 138 of Negotiable Instruments Act, 1881 revived after respondent failed to deposit amount as directed.

The petitioner, Anil Prabhakar Naik, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondents for ...

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CRIMINAL WRIT PETITION NO.1659 OF 2005

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Bombay High Court Confirms Death Sentence in Kidnapping, Rape, and Murder of Minor Girl - Accused's Appeal Dismissed. Circumstantial evidence including last seen theory and medical evidence held sufficient to sustain conviction under Sections 364, 366, 376, 377, 302, 201 IPC.

The case pertains to the kidnapping, rape, and murder of an 11-year-old girl named Bhagyashree on 10.11.2004. The accused, Arjun Laxman Jogadiya alias...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Possession — Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960 Held Mandatory but Not Required When Suit Is Against Society in Respect of Its Business.

The petitioner, Pimpri Refugee Industrial Co-operative Society, challenged the concurrent judgments of the trial court and the first appellate court w...

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Bombay High Court Allows Revision Against Addition of Charges at Final Stage in Summary Trial - Prejudice to Accused. Addition of charges under Bombay Prohibition Act and Motor Vehicles Act after evidence closed held to cause prejudice in summary trial.

The petitioner, a police driver, was prosecuted for an incident on 1-1-1987 under Sections 279, 337, 427 IPC and Section 117 of the Motor Vehicles Act...