Search Results for "Contradictory Clauses"

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376(2)(n) IPC and Section 506 IPC set aside as victim's testimony was unreliable and medical evidence did not support rape.

The appellant, Mohan Digambar Lokhande, was convicted by the Additional Sessions Judge-3, Yavatmal in Special (POCSO) Case 9 of 2018 for offences unde...

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Bombay High Court Upholds Juvenile Board's Decision to Try Older Juvenile as Adult in Murder Case — Section 15 of Juvenile Justice Act, 2015 Requires Individualized Assessment of Physical and Mental Capacity to Commit Offence.

The case involves two juveniles, aged 17.5 years and 16.5 years, accused of murdering a three-and-half-year-old child. The Juvenile Justice Board, aft...

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Bombay High Court Allows Release of Land from ULC Proceedings Due to Abatement Under Repeal Act — Land Held to Be Bhoomiswami, Not Nazul Lease, Entitling Petitioners to Restoration of Possession and Mutation.

The petitioners, Smt. Parvatibai wd/o Dashrath Behar and Narayan s/o Late Shri Dashrath Behar, filed a writ petition seeking release of land admeasuri...

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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Bombay High Court Acquits Accused in Murder Case Due to Material Contradictions and Doubtful Identification. Conviction under Sections 302, 143, 144, 147, 148, 506 read with 149 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The case pertains to an appeal against the judgment and order dated 20 August 2005 passed by the 1st Ad-Hoc Additional Sessions Judge, Solapur, convic...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Construction Dispute. Court upholds arbitrator's findings on limitation and quantum under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996 to an arbitral award dated 20 February 2009 passed by a s...

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Bombay High Court Allows Discharge of Former Director in Cheque Dishonour Case — Resignation Prior to Cheque Presentation Absolves Liability Under Section 138 NI Act. Petitioner ceased to be director before cheque date, thus not liable as 'person in charge' under Section 141 NI Act.

The petitioner, Bindu Kumar Mehta, was accused no.3 in Criminal Case No.1009/SS/2011 pending before the Metropolitan Magistrate, 48th Court, Andheri, ...

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Bombay High Court Dismisses Petitions Challenging AAIFR Order Rejecting Revival Scheme for Sick Company Under SICA. The court held that the AAIFR's findings on non-compliance and lack of feasibility were based on evidence and not perverse, thus no interference under Article 226 was warranted.

This group of writ petitions challenges a common order dated 28/5/2010 passed by the Appellate Authority for Industrial and Financial Reconstruction (...