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Bombay High Court Acquits Appellant in POCSO Case Due to Unproven Age and Consensual Relationship. Conviction under Sections 363, 366A, 376(2)(n) IPC and Sections 4, 6 POCSO Act set aside as prosecution failed to establish victim's minority and evidence showed consent.

The appellant, Omkar Dattatraya Dangat, was convicted by the Special Court under Sections 363, 366A, 376(2)(n) of the Indian Penal Code read with Sect...

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Bombay High Court Dismisses Writ Petitions Challenging Arbitral Award in Share Dispute — No Grounds for Interference Under Section 34 of Arbitration Act. Court upholds award rejecting claim for specific performance of oral agreement to transfer shares, finding no valid contract and no limitation bar.

The petitioner, Vijay Shivram Pathare, filed two writ petitions under Article 226 of the Constitution of India challenging an arbitral award dated 30 ...

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Bombay High Court Upholds Validity of Rule 53(c) of Bombay High Court Appellate Side Service Rules, 2000 and Cancellation of Waiting List for Clerk Posts. Rule 53(c) held not ultra vires Articles 14 and 16 of Constitution as it provides for cancellation of waiting list without assigning reasons.

The petitioners, Priti Subhashrao Sawake and others, filed a writ petition challenging Rule 53(c) of the Bombay High Court Appellate Side Service Rule...

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Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation for Deaths of Jeep Occupants. Insurer's Defense of Breach of Policy Conditions Fails as No Evidence of Willful Violation or Vehicle Use Beyond Permitted Purpose Was Established.

The New India Assurance Company Limited filed four First Appeals under Section 173 of the Motor Vehicles Act, 1988, challenging separate judgments of ...

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High Court of Bombay at Goa Acquits Accused in POCSO Case Due to Unproven Age of Victim. Birth Certificate with overwriting and lack of ossification test render age of victim unproven, vitiating conviction under Sections 376(2)(i),(n) IPC, Goa Children's Act, and POCSO Act.

The appellant, Santosh Gore, was convicted by the Children's Court for the State of Goa in Special Case No.36/2017 for offences under Section 376(2)(i...

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Bombay High Court Dismisses Petition for Date of Birth Correction in School Record Due to Delay and Lack of Evidence. Petitioner sought correction after 30 years of service, but court held that belated application without contemporaneous evidence cannot be entertained under Article 226.

The petitioner, Azam Khan Pathan, was working as an Administrative Officer in Pratishthan Mahavidyalaya, Paithan, and was due for retirement within 7-...

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Bombay High Court Upholds Conviction for Cruelty Under Section 498A IPC in Dowry Harassment Case. Appellants Acquitted of Abetment to Suicide but Convicted for Subjecting Victim to Cruelty and Harassment for Dowry.

The case involves an appeal against the judgment of the Additional Sessions Judge, Satara, dated 17.8.1996 in Sessions Case No. 213/1992. The appellan...

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Bombay High Court Upholds Conviction of Husband for Dowry Death and Cruelty — Ten-Year Rigorous Imprisonment Confirmed. Presumption under Section 304B IPC applied as death occurred within seven years of marriage and cruelty was proved.

The appellant, Ganesh s/o Ambarsing Kahite, was convicted by the Additional Sessions Judge-2, Aurangabad, in Sessions Case No. 154 of 2008 for offence...