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High Court of Bombay at Goa Quashes Notice Issued to Petitioner in Criminal Misc. Application Under Section 340 CrPC — No Prima Facie Case for Perjury Made Out. Affidavit in Bail Application Cannot Be Treated as Substantive Evidence for Initiating Perjury Inquiry Under Section 340 CrPC.

The petitioner, Tehzeen Shaikh, wife of Tabrez Shaikh, filed a Criminal Writ Petition before the High Court of Bombay at Goa, challenging a notice iss...

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Bombay High Court Acquits Appellants in Murder Case Due to Lack of Credible Evidence and Doubtful Identification. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellants, Sheetal Anil Berlekar and Babasaheb Gangaram Daingade, were convicted by the 5th Additional Sessions Judge, Kolhapur for the murder of...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Cheque Dishonour Based on Presumption Under Section 139. Hand Loan of Rs.35,000/- Proved; Accused Failed to Rebut Presumption of Legally Enforceable Debt.

The appellant, Smt. Sumedha Chaudhari, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent-accused, Sh...

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Bombay High Court Upholds Sale of Coparcenary Property by Karta for Legal Necessity in Partition Suit. Sale by father for antecedent debt and legal necessity is binding on sons under Hindu law, and purchaser's title is protected.

The case involves a second appeal filed by the original plaintiffs (sons and wife of defendant No.1) against the judgment of the Additional District J...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Failed to Prove Driver's Lack of Valid License. Insurer liable to pay compensation as burden of proof under Section 149(2) of Motor Vehicles Act, 1988 not discharged.

The case arises from a fatal motor accident that occurred on 30.11.1999 on Pune-Jejuri road, resulting in the death of Vinayak Laxman Katake. The clai...

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Bombay High Court Upholds Interim Injunction Against Newspaper in Defamation Suit. Court Restrains Publication of Defamatory Articles About Plaintiff and Family Pending Trial, Holding That Per Se Defamatory Statements Without Justification Cannot Be Published.

The plaintiff, Gokulchand Govindlal Sananda, filed Regular Civil Suit No.17 of 2013 seeking damages of Rs.25,00,000 for per se defamatory publications...

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Bombay High Court Dismisses Revision Against Conviction Under Section 138 N.I. Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove Cheques Were Issued as Security, Leading to Confirmation of Sentence of Simple Imprisonment and Compensation.

The applicant, Rekha Mahindra Shah, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of three cheques totaling Rs...