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Bombay High Court Allows Amendment of Written Statement in Civil Suit — Liberal Approach to Pleadings Under Order 6 Rule 17 CPC. The court held that an amendment to amplify an existing plea should be liberally allowed before trial, and the due diligence requirement is not an absolute bar.

The petitioner, Shri Cesar Augusto do Rego Fernandes, filed a writ petition challenging an order of the Civil Judge, Junior Division at Panaji, which ...

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Bombay High Court Allows Circle Officer's Application Under Section 482 CrPC to Quash Criminal Proceedings in Mutation Dispute — Sanction Required Under Section 197 CrPC for Official Acts. Revisional Court's Order Set Aside as It Failed to Consider That Mutation Entry Is Part of Official Duty.

The petitioner, Gautam Kashiram Puri, a Circle Officer, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) ...

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Bombay High Court Allows Condonation of Delay in Divorce Appeal Due to Alleged Fraud and Suppression of Ex-Parte Decree by Husband. The court found sufficient cause for delay of 5 years 144 days as the wife was unaware of the ex-parte divorce decree obtained allegedly by fraud and suppression.

The appellant, Mrs. Regi Suresh Nair, filed a Civil Application for condonation of delay of 5 years and 144 days in filing an appeal against an ex-par...

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Bombay High Court Quashes Criminal Proceedings in Forgery Case Due to Lack of Sanction Under Section 195 CrPC — Complaint Based on Alleged Forged Document Used in Civil Suit Requires Prior Sanction for Prosecution Under Sections 463, 464, 465, 466, 470, 471, 196 IPC.

The applicants, Sumitrabai Trimbak Khanderay and Trimbak Tukaramji Khandaray, filed a criminal application under Section 482 CrPC seeking to quash the...

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Bombay High Court Quashes Removal of Employee in Disciplinary Proceeding for Violation of Natural Justice and Proportionality. Charge-sheet and Penalty Set Aside Due to Non-Supply of Documents and Disproportionate Punishment.

The petitioner, Abha Chawla Mohanty, was an employee of the Oriental Insurance Co. Ltd. appointed in October 1985. She was served with a charge-sheet ...

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Bombay High Court Dismisses PIL Against Politician for Alleged Disproportionate Assets — No Prima Facie Case Made Out. Petitioner failed to provide credible material to justify investigation under Prevention of Corruption Act, 1988.

The petitioner, an RTI activist, filed a PIL in the Bombay High Court alleging that respondent 9, a politician and former Home Minister of Maharashtra...

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Bombay High Court Dismisses Petition Challenging Termination Based on Resignation Withdrawal After Acceptance. Resignation Withdrawal Must Precede Acceptance to Be Valid Under MEPS Act, 1977.

The petitioner, Sayyed Maksood Ali Sayyed Roshid Ali, was appointed as an Assistant Teacher on 17-1-1985 and promoted as Head Master on 10-10-2004. He...

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High Court Acquits Accused in Corruption Case Due to Lack of Sanction and Doubtful Trap — Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt. Sanction under Section 19 of Prevention of Corruption Act, 1988 not proved; complainant turned hostile; trap witness not independent.

The appellant, Manohar Bodade, was convicted by the Special Judge, Aurangabad in Special Case No. 01/1993 for offences under Sections 7 and 13(1)(d) r...

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Bombay High Court Upholds Validity of Section 145 CrPC Proceedings in Multi-Party Disputes and Successive Orders. The court held that Section 145 CrPC applies to disputes involving more than two parties and that successive orders are permissible if fresh material shows a new apprehension of breach of peace.

The case involves a group of writ petitions and intervention applications challenging the validity of proceedings under Section 145 of the Code of Cri...