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Bombay High Court Quashes Recovery Warrant Against Education Officer in Execution Proceedings — State Officer Not Personally Liable for Decree Dues. Executing Court Cannot Direct Arrest or Recovery Against Government Officer Without Finding of Wilful Default Under Order 21 Rule 32 CPC.

The case arises from execution proceedings of a decree passed by the School Tribunal, Pune, in Appeal No. 104 of 1998, directing the reinstatement of ...

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Bombay High Court Upholds Industrial Tribunal Award of Reinstatement with Back Wages for Workman Dismissed Without Domestic Inquiry. Employer's Challenge Dismissed as Tribunal Correctly Found Termination Illegal for Non-Compliance with Section 33(2)(b) of Industrial Disputes Act, 1947.

The judgment arises from two cross writ petitions: one by Bharat Petroleum Corporation Ltd. (BPCL) challenging an Industrial Tribunal award dated 30 A...

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Bombay High Court Dismisses Writ Petition in Tenancy Dispute, Upholds Concurrent Findings of Lower Authorities. Deemed Purchase Claim Under Section 32G of Maharashtra Tenancy and Agricultural Lands Act, 1948 Rejected Due to Lack of Evidence.

The case involves a dispute under the Maharashtra Tenancy and Agricultural Lands Act, 1948. The Petitioners, Prabhu Anant Lungase and another, claimed...

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Bombay High Court Allows Refund of Advance Stamp Duty Paid on Unexecuted Deed of Assignment — Petitioner Entitled to Refund Under Section 48 of Maharashtra Stamp Act, 1958 as No Instrument Was Executed

The Petitioner, Kasthmandup Developers Pvt. Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging the order dated 01....

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Interested Witnesses and Lack of Corroboration. Conviction under Section 302 IPC set aside as sole eyewitness was a close relative with material contradictions and prosecution failed to prove guilt beyond reasonable doubt.

The present appeals challenge the judgment and order dated 04.03.2015 passed by the learned Additional Sessions Judge, Pune, in Sessions Case No.301 o...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Direct Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC for strangulation of wife set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Nabi Hasan Noor Hasan Khan, was convicted by the Additional Sessions Judge, Borivali, Mumbai, for the murder of his 19-year-old wife Sa...

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High Court of Judicature at Bombay Acquits Accused in Murder Case Due to Lack of Credible Evidence and Failure to Prove Guilt Beyond Reasonable Doubt. Conviction under Section 302 IPC set aside as prosecution failed to establish chain of circumstances and dying declaration was unreliable.

The appellant, Sham Timanna Gaikwad, was convicted by the learned Ad-hoc Additional Sessions Judge, Solapur for the murder of his wife Laxmi and for c...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Hostile Witnesses and Lack of Evidence. Common Intention Under Section 302 r/w 34 IPC Not Proved as Prosecution Failed to Establish Presence of Accused at Scene and Ocular Witnesses Turned Hostile.

The State of Maharashtra appealed against the judgment and order dated 26.02.2001-28.02.2001 passed by the learned Additional Sessions Judge, Greater ...