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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction under Section 376(1) IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The case involves two criminal appeals filed by Vijay Tulshiram Bangar (accused no.1) and Anil Sahadeo Wankhede (accused no.2) against their convictio...

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Bombay High Court Dismisses Appeal Against Probate of Will, Upholds Trial Court's Finding of Due Execution and Attestation. Will dated 4 July 1993 held validly executed under Section 63 of the Indian Succession Act, 1925 and Section 68 of the Indian Evidence Act, 1872.

The appeal arose from a judgment and order dated 9 June 2016 of the Bombay High Court disposing of Testamentary Suit No. 28 of 1995, which sought prob...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Shamlal s/o Punaram Achale, was convicted by the II Additional Sessions Judge, Bhandara in Sessions Trial 139/2001 for offences under S...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Harassment Soon Before Death. Conviction under Section 304B IPC set aside as prosecution failed to establish that the deceased was subjected to cruelty or harassment in connection with dowry demand 'soon before her death'.

The appellant, Dinesh s/o Premlal Gautam, was convicted by the 1st Adhoc Additional Sessions Judge, Gondia, for the offence punishable under Section 3...

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Bombay High Court Dismisses Husband's Appeal in Divorce Case Under Hindu Marriage Act — Allegations of Cruelty Not Proved. Wife's Refusal to Cook and Suspicion of Infidelity Do Not Amount to Cruelty Under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

The appellant-husband filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 for dissolution of marriage on the ground of cruelty. T...

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Bombay High Court Acquits Accused in Abetment of Suicide Case Due to Lack of Proximate Link Between Cruelty and Suicide. Conviction under Section 306 IPC Set Aside as Evidence Failed to Establish Mens Rea or Direct Instigation.

The appellant, Subhash s/o Namdev Chandanshive, was convicted by the trial court for offences under Sections 306 and 498A of the Indian Penal Code, 18...

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Bombay High Court Allows Husband's Appeal for Divorce on Ground of Cruelty and Dismisses Wife's Appeal for Restitution of Conjugal Rights. False criminal complaints by wife constitute mental cruelty under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The case involves cross-appeals arising from a common judgment of the Family Court, Nagpur, dated 15-4-2009. The husband, Manoj Pate, filed First Appe...

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Bombay High Court Allows Husband's Appeal in Divorce Case Based on False Criminal Prosecution as Cruelty. Filing of false Section 498A IPC case and its conduct constitutes mental cruelty under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The case involves a Family Court Appeal filed by the husband against the judgment and decree dated 5th April 2006 of the Family Court, Pune, dismissin...

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Bombay High Court Allows Second Appeal in Matrimonial Dispute — Sets Aside Lower Appellate Court's Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Reasons Renders Judgment Illegal and Unsustainable.

This Second Appeal arises from a matrimonial dispute between Sunil Ramnath Argade (appellant) and Latabai Sunil Argade (respondent). The appellant cha...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...