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Bombay High Court Dismisses Petition Challenging Validity of MRTP Act Provisions. Court holds that Sections 49(7) and 127 of Maharashtra Regional and Town Planning Act, 1966 are constitutionally valid and not ultra vires Articles 14, 19(1)(g), 21, 21A, 47 and 243(w).

The petitioners, Chalisgaon Municipal Council and a resident, filed a writ petition under Article 226 of the Constitution challenging the constitution...

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Bombay High Court Allows Second Appeal in Possession Suit — Appellants Entitled to Possession of Suit Property Based on Title and Adverse Possession. Permissive occupation does not create ownership; respondent failed to prove adverse possession or valid title.

The case involves a dispute over possession of a suit plot and house. The original plaintiffs (now appellants) are the sons of Marotrao Dhobale, the o...

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Bombay High Court Dismisses State's Writ Petition Challenging Labour Court Award of Reinstatement with Continuity of Service and Back Wages to Daily Wage Workers. Workers Engaged for Years Without Regularisation Held Entitled to Reinstatement Under Industrial Disputes Act, 1947.

The State of Maharashtra and its Dairy Development Department filed a writ petition challenging an award of the Labour Court, Nagpur, which directed r...

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Bombay High Court Dismisses Petition Challenging Reinstatement of Teacher Terminated for Non-Production of Caste Validity Certificate. Termination Set Aside as No Fraud or Fabrication of Caste Certificate Was Alleged, Relying on Government Resolution Dated 07.12.1994.

The petitioners, a educational society and its school, challenged the judgment and order dated 27.09.2013 passed by the School Tribunal, Amravati Divi...

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Bombay High Court Acquits Accused in Rape and Abetment to Suicide Case Due to Inconsistent Evidence. Conviction under Sections 376 and 306 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Bhagwan Chintaman Thakre, was convicted by the trial court for offences under Sections 376, 306, 342, 323, 504 and 506 read with Sectio...

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Karnataka High Court Dismisses Habeas Corpus Petition for Child Custody in International Parental Abduction Case. Father's Petition for Repatriation of Minor Son from India to Germany Dismissed as Habeas Corpus Not Maintainable for Custody Disputes.

The petitioner, Mr. Sankar Viswanathan, a German resident, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution read with Sect...

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Gujarat High Court Allows Husband's Appeal Against Divorce Decree in Family Suit. Allegations of Cruelty and Desertion Not Proved; Wife's Own Admission of Short Temper and Employment Change Undermined Claim.

The case involves an appeal by the husband against the judgment of the Family Court, which dissolved the marriage on grounds of cruelty and desertion....

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Bombay High Court Upholds Acquittal in Rape and Abortion Case Due to Inconsistent Evidence and Delayed FIR. Allegations of Rape and Forced Abortion Fail as Prosecution Witnesses Turn Hostile and Medical Evidence Does Not Support Prosecution Case Under Sections 376, 314 r/w 34 IPC and SC/ST Act.

The State of Maharashtra appealed against the acquittal of Shivaji Ghodekar and Dr. Shubhangi Chinnawar in Sessions Case No. 123/2001. The case arose ...

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Bombay High Court Acquits Accused in Rape Case Based on Consent and Promise of Marriage — Failure to Prove Ingredients of Rape Under Section 375 IPC. Evidence of Victim Contradictory and Medical Evidence Inconsistent with Prosecution Story.

The applicant, Pravin @ Shrikrishna Chandrakant Marathe, was convicted by the Assistant Sessions Judge, Sindhudurg, for offences under Sections 376, 4...