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Bombay High Court Adjudicates Dual Proceedings on Cooperative Housing Society Dispute Over Change of User and Structural Alterations. The Court Examines Legality of Converting Residential Flats to Nursing Home and Making Additions Without Consent Under Maharashtra Ownership Flats Act, 1963.

The matter involved two consolidated proceedings: a writ petition under Article 227 of the Constitution of India challenging an order of the Maharasht...

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Bombay High Court Upholds Life Conviction for Murder Despite Insanity Plea — Bipolar Mood Disorder Not Proven to Cause Incapacity to Know Nature of Act. Section 84 IPC Exception Rejected as Appellant Failed to Establish Legal Insanity at Time of Offence.

The appellant, Sarjerao Rambhau Machale, was convicted by the Additional Sessions Judge, Pune for murder under Section 302 IPC and sentenced to life i...

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Bombay High Court Upholds Compulsory Retirement of CISF Constable for Misconduct — Penalty Modified from Removal to Compulsory Retirement with Full Pensionary Benefits. Appellate Authority's Lenient View Upheld as Disciplinary Authority's Order Was Not Shown to Be Per Se Unreasonable or Disproportionate.

The petitioner, a constable in the Central Industrial Security Force (CISF), was subjected to disciplinary proceedings and was removed from service by...

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Bombay High Court Allows State Appeal in POCSO Case, Sets Aside Acquittal of Father for Rape of Minor Daughter. Delay in FIR Lodging Held Not Fatal in Child Sexual Abuse Cases Due to Unique Victim-Offender Relationship.

The State of Goa, through the Police Inspector of Canacona Police Station, appealed against the judgment of the Children's Court at Goa which acquitte...

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Bombay High Court at Goa Dismisses Writ Petition of Jailor Challenging Disciplinary Action for Dereliction of Duty. Failure to Inspect Cells and Maintain Records Constitutes Misconduct Justifying Dismissal Under Civil Services Rules.

The petitioner, Datta K. Kudchadkar, was a Jailor in the Goa Prisons Department. He was placed under suspension on 3.8.2006 and later reinstated on 30...

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Supreme Court Upholds Union of India in Section 17A Challenge — Prior Approval Requirement for Investigating Public Servants is Constitutionally Valid. Read Down to Mandate Independent Screening; Lokpal to Approve for Covered Public Servants.

The writ petition was filed by the Centre for Public Interest Litigation challenging the constitutional validity of Section 17A of the Prevention of C...

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Bombay High Court at Goa Dismisses Appeals of Occupants Challenging Eviction from Comunidade Land — Appellants Failed to Prove Title or Authorisation, Eviction Upheld Under Order 12 Rule 6 CPC and Section 38 Specific Relief Act, 1963.

The case involves five first appeals filed by Ayub Khan, Khurshida Ahmad, Salim Sandhi, Mehmood A. Ansari, and Dadapir Lohar against the State of Goa,...

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Bombay High Court Quashes FIR Against Petitioners in Food Adulteration Case — No Offence Made Out Under Food Safety and Standards Act, 2006. Sale of 'Mint' and 'Saunf' Products Not Prohibited Under Section 26(2)(i) of FSS Act, 2006 as They Are Not 'Food' as Defined.

The petitioners, Anand Ramdhani Chaurasia and Vijay Banarasi Chaurasia, were engaged in the business of selling 'Mint' and 'Saunf' products. On 12th J...