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Bombay High Court at Goa Upholds Life Imprisonment for Kidnapping and Attempt to Murder in POCSO Case — Conviction Based on Testimony of Minor Victim and Medical Evidence

The judgment arises from three appeals against the conviction and sentence of Osban Fernandes (A.1) and Ramesh Bagve (A.2) by the Children's Court at ...

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Bombay High Court Allows Release of Passport Seized During Investigation in IPC Offences — Passport Act, 1967 Governs Impounding, Not CrPC. Police Cannot Seize Passport Under Section 102 CrPC for IPC Offences; Passport Must Be Forwarded to Passport Authority.

The petitioner, Rakesh s/o Late Prithviraj Dhody, a chartered accountant, was an accused in Crime No. 228/2004 registered at Ambazari Police Station, ...

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Bombay High Court Allows Tenant's Second Appeal in Damages Suit for Illegal Electricity Disconnection — Restores Trial Court's Decree Awarding Rs. 1,00,000. Suit for Damages Governed by Article 113 of Limitation Act, 1963, and Right to Sue Accrues on Actual Loss, Not on Date of Wrongful Act.

The plaintiff, Deepak Chaturaji Tabhane, was a tenant in a shop owned by the defendants, Sunanda Tanmane and others, at Plot No. 162, Ashok Nagar, Nag...

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Bombay High Court Allows Writ Petition in Land Revenue Dispute — Sets Aside Tribunal Order for Non-Compliance with Natural Justice. Failure to Consider Relevant Evidence and Provide Opportunity to Lead Evidence Constitutes Violation of Principles of Natural Justice Under Maharashtra Land Revenue Code.

The petitioners, legal representatives of the deceased Vaijnath Karpure, filed a writ petition under Article 227 of the Constitution of India challeng...

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Bombay High Court Upholds Removal of Junior Clerk for Misconduct and Habitual Absence from Duty. Disciplinary Authority's Order of Dismissal Confirmed as Charges of Negligence and Insubordination Were Proved in Departmental Enquiry.

The petitioner, Shivdas Dodku Borkar, was a Junior Clerk in the District Court, Nagpur, and was posted at Narkhed. He was subjected to disciplinary pr...

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Bombay High Court Dismisses Enforcement Directorate Appeals in FERA Contravention Cases Due to Lack of Evidence and Limitation. Held that mere suspicion cannot substitute proof and that adjudication proceedings under FERA must be initiated within a reasonable time.

The case involves a batch of appeals filed by the Union of India through the Enforcement Directorate against orders of the Appellate Tribunal for Fore...

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Bombay High Court Quashes Criminal Proceedings Against Company and Director in Cheque Dishonour Case Due to Lack of Vicarious Liability. Section 141 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role and Responsibility of Directors at the Time of Offence.

The petitioners, Western Projects Limited (a company) and Dinesh Singh Mehta (a director), were original accused Nos. 13 and 14 in Criminal Case No. 4...

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Bombay High Court Dismisses Writ Petition Challenging Civil Judge's Order Refusing Temporary Injunction in Property Dispute. Petitioner Failed to Establish Prima Facie Case Under Order 39 Rules 1 and 2 CPC for Declaration and Injunction Suit.

The petitioner, Dr. Ena Maria Carvalho E Abreu, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 30th N...

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Bombay High Court Dismisses Licensee's Writ Petition Against Eviction Decree in Leave and License Dispute — Licensee Failed to Renew Agreement Despite Licensor's Readiness, Eviction Upheld Under Presidency Small Cause Courts Act, 1882.

The petitioner, Suhas Janardan Chavan, proprietor of M/s. Suhas Hydro Systems, was a licensee of an industrial shed admeasuring 4000 sq. ft. under a l...