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Bombay High Court Allows Appeal Against Dismissal of Complaint Under Section 138 NI Act for Non-Appearance on a Single Date. The Court restored the complaint holding that dismissal without opportunity of hearing was not justified.

The appellant, Nagpur District Central Cooperative Bank Limited, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 ...

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Supreme Court Allows Cross-Appeals Against Remand Order in Arbitration Matter — Power of Appellate Court Under Section 37 of Arbitration Act Examined. The Court held that an appellate court under Section 37 cannot remand a Section 34 petition for fresh hearing but must decide the appeal on merits.

The dispute arose from a development agreement concerning a slum rehabilitation scheme in Mumbai. The appellant, Bombay Slum Redevelopment Corporation...

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CRIMINAL CONFIRMATION CASE NO. 02 OF 2024

The case stems from Crime No. 634 of 2022 registered at Kalamna Police Station for multiple offences including murder (Section 302 IPC), attempted mur...

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Bombay High Court at Goa Upholds Constitutional Validity of Goa Town and Country Planning Act, 1974 in Public Interest Litigation. Sections 10-17, 33-37, and 39 of the Act are not unconstitutional as they provide for public participation and do not delegate essential legislative functions.

The petitioner, The United Goans Foundation, filed a Public Interest Litigation under Article 226 of the Constitution of India before the High Court o...

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Bombay High Court Acquits Accused in Bride Burning Case Due to Unreliable Dying Declarations. Conviction under Section 302 IPC set aside as dying declarations were inconsistent and not corroborated by medical evidence or independent witnesses.

The appellant, Prakash Mahadeo Ghorpade, was convicted under Section 302 IPC for the murder of his sister-in-law, Gangabai, by setting her on fire. Th...

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Bombay High Court Allows Appeal in Trust Election Dispute — Upholds Validity of Trustees' Election Despite Procedural Irregularities. Substantial Compliance with Bye-Laws and Absence of Prejudice to Members Renders Election Valid Under Bombay Public Trust Act, 1950.

The case involves a dispute over the election of trustees of the People's Education Society, a public trust registered under the Societies Registratio...

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Bombay High Court Dismisses Insurance Company Appeal in Motor Accident Claim Due to Dishonoured Cheque. Insurer Liable to Third-Party Claimants Despite Non-Payment of Premium, with Right to Recover from Owner Under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by respondent Nos.1 to 5 (claimants) before the Motor Accident Claims Tribunal, Amravati, seeking co...