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Gujarat High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations and Lack of Corroboration — Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Imtiazhusein @ Bhaylu Mohammed Siraj Khokhar, was convicted by the Sessions Judge, Kheda at Nadiad in Sessions Case No.96/2011 for the ...

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Bombay High Court Dismisses Petition Challenging Exclusion of Unaided Private School Students from National Means cum Merit Scholarship Scheme. Classification Between Government/Aided/Local Body Schools and Unaided Private Schools Held Reasonable and Not Violative of Article 14.

The petitioner, Sri Sri Ravishankar Vidya Mandir, a recognized unaided private school in Osmanabad, challenged the validity of Note I of clause 3(d) o...

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Supreme Court Upholds Convictions and Reverses Acquittals in Political Rivalry Murder Case — Witness Testimony and Recoveries Sufficient to Sustain Convictions Under Sections 302, 148, 460 IPC and Section 3 Explosives Substances Act.

The case arises from a political rivalry between CPI(M) and NDF members. On 17.07.2002, an altercation occurred between the deceased (CPI(M)) and A-3 ...

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Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

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Bombay High Court Upholds Acquittal in Food Adulteration Case Due to Denial of Right to Re-Analysis. Accused Acquitted as Sample Became Unfit for Analysis Under Section 13(2) of Prevention of Food Adulteration Act, 1954.

The State of Maharashtra filed three appeals against the acquittal of the accused Harishchandra Sadhuram Agarwal, a vendor and proprietor of a kirana ...

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Bombay High Court Quashes Summons Under Section 319 CrPC Against Proposed Accused in Sessions Case — Discharge Under Section 169 CrPC Requires Inquiry Under Section 300(5) r/w Section 398 CrPC Before Invoking Section 319 CrPC.

The applicants, seven individuals, were originally named in a First Information Report but were discharged under Section 169 of the Code of Criminal P...

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Bombay High Court Upholds Validity of 50% Reservation for Women in Gram Panchayats — Rule 3(1)(c) of Maharashtra Village Panchayats (Reservation of Seats for Women) Rules, 1995 Held Intra Vires the Bombay Village Panchayats Act, 1958 and Article 243D of the Constitution.

The case involves a Letters Patent Appeal filed by Shri Tatyasaheb Ramchandra Kale against the judgment of a Single Judge of the Bombay High Court dis...

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Bombay High Court Dismisses Writ Petition Challenging Transfer Order in Police Service Matter — No Violation of Natural Justice Found. Transfer Order Corrected Due to Clerical Error Does Not Require Fresh Hearing as It Is an Administrative Decision.

The petitioner, Sanjeev Bhagwanrao Kokil, a Senior Police Inspector, was initially transferred from M.R.A. Marg Police Station, Mumbai to Amravati Cit...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Detaining Authority Failed to Independently Consider Grounds, Leading to Mechanical Affirmation of Proposal.

The petitioner, brother-in-law of the detenu Janardan @ Janyadada Chintaman Bhoir, filed a habeas corpus petition challenging the detention order date...

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Bombay High Court Acquits Six Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50. Failure to Record Reasons for Search and Lack of Independent Witnesses Renders Recovery of Contraband Illegal.

The case involves six appellants who were convicted by the trial court under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for p...