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Bombay High Court Allows Appeals in MCOCA Case Due to Invalid Sanction and Lack of Application of Mind — Proceedings Quashed as Sanction Under Section 23(2) of MCOCA, 1999 Was Granted Without Independent Scrutiny of Material.

The judgment arises from multiple criminal appeals filed by accused persons challenging the validity of proceedings under the Maharashtra Control of O...

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Bombay High Court Dismisses Suit as Barred by Res Judicata and Limitation in Will Execution Dispute. Prior US Surrogate Court decree and delay in filing render suit not maintainable under Section 11 CPC and Limitation Act, 1963.

The suit was filed by Jaswinder Paul Batra, Brinder Batra, and Sunaina Batra (plaintiffs) against Neeru Batra, Baljit Singh, ING Vysya Bank Ltd., and ...

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Bombay High Court Allows Arbitration Petition and Interim Application in Share Dispute — Appointment of Arbitrator and Injunction Granted. Court holds that disputes regarding share transfer and oppression are arbitrable and appoints arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Kantilal Chhaganlal Securities Pvt. Ltd., filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction Under Sections 363, 376, 506, 342 IPC Set Aside as Prosecution Failed to Prove Age of Victim and Relied on Unreliable Sole Testimony.

The case involves an appeal against conviction for offences under Sections 363, 376, 506 and 342 IPC. The appellant, Dada Laxman Gaikwad, was convicte...

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Bombay High Court Confirms Death Sentence for Rape and Murder of Minor Tribal Girl under POCSO Act and IPC. Circumstantial evidence including DNA, last seen, and medical evidence established guilt beyond reasonable doubt.

The case pertains to the brutal rape and murder of a 10-year-old tribal girl, Ku. S, on 15-08-2015 at the newly constructed hostel building of Adivasi...

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High Court of Karnataka Upholds Constitutional Validity of Section 53-A CrPC for Medical Examination of Accused in Rape Cases. Challenge to police notice for medical examination dismissed as Section 53-A is not violative of Article 20(3) or Article 21 of the Constitution.

The petitioner, Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharati Swamiji, filed a writ petition under Articles 226 and 227 of the C...

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Bombay High Court Quashes Second FIR in Narcotics Case as Part of Same Transaction. Second FIR Based on Accused's Disclosure During Custodial Interrogation Quashed Under Section 482 Cr.P.C.

Background: The petitioner, a British national, was facing two FIRs under the Narcotic Drugs and Psychotropic Substances Act, 1985. The first FIR (No....

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Bombay High Court Acquits One Accused in Murder Case Due to Absence of Common Intention Under Section 34 IPC. Conviction Under Section 302 IPC Modified to Section 304-I IPC for Co-Accused in Sudden Quarrel Stabbing Incident.

Background: The case arose from two criminal appeals against the judgment of the Additional Sessions Judge, Nagpur in Sessions Trial No.373 of 2011, c...

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High Court Quashes Assessment Order and Trade Circular as Ultra Vires Section 6A of CST Act. Inter-State Job Work Movement Not Deemed Sale Under Section 6A Because It Does Not Cover Principal-to-Principal Transactions.

The petitioner, a manufacturer and job worker, received spent catalyst from customers within and outside Maharashtra, processed it, and returned the r...

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High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Commercial Dispute. Petition Involves Interpretation of Contractual Clauses Allowing Rejection of Goods After Acceptance, Contrary to Section 42 of Sale of Goods Act.

The petitioner, a manufacturing company, issued a purchase order to the respondent, a trading company, for the supply of stainless steel seamless tube...