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Bombay High Court Dismisses Petition Challenging Labour Welfare Fund Cess as Unconstitutional. Levy under Maharashtra Labour Welfare Fund Act, 1953 held to be a fee for services rendered, not a tax, and validly imposed on establishments including those with contract labour.

The petitioner, Mohan Dhotre, a resident of Mumbai, filed a writ petition challenging the constitutional validity of the levy under the Maharashtra La...

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Bombay High Court Allows Quashing of FIR in Abetment to Suicide Case — No Proximate Link Between Alleged Acts and Suicide. FIR under Sections 306, 506 IPC Quashed as Allegations Did Not Disclose Instigation or Active Abetment by Applicant.

The applicant, Hafizur Rahman Sheikh, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing o...

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Bombay High Court Upholds Conviction of Husband for Murder of Wife in Dowry Demand Case. Circumstantial Evidence of Dowry Demand and Cruelty Sufficient to Sustain Conviction Under Section 302 IPC.

The case involves two appeals arising from the same judgment of the Additional Sessions Judge, Malegaon, in Sessions Case No. 112 of 1991. Criminal Ap...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Last Seen Evidence and Weak Motive. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 302, 120-B, 34 IPC.

The State of Maharashtra appealed against the acquittal of Dnyaneshwar Yeshwant Mutalik (Respondent No.1) and three others in Sessions Case No.202 of ...

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Bombay High Court Upholds Conviction of School Bus Attendant for Repeated Penetrative Sexual Assault on 4-Year-Old Student. Failure of School Authorities to Report Offence Under POCSO Act Criticized.

The appellant, Amol Maruti Sherkar, was a bus attendant employed by Sinhgad Institute, Pune, and was convicted under Section 4 of the Protection of Ch...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Prove Service of Demand Notice as Required by Law.

The applicants (accused) filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of criminal proceedin...

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Bombay High Court Acquits Husband and Mother-in-law in Dowry Death Case Due to Lack of Evidence of Cruelty and Absence of Proximate Cause. Conviction under Section 302 IPC set aside as death by burns was not proved to be homicidal and no nexus between alleged harassment and death established.

The appellants, Shaikh Juned Shaikh Moti Mansuri (husband) and Julekha Begum (mother-in-law), were convicted by the Additional Sessions Judge, Auranga...

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Bombay High Court Dismisses Plaintiff's Suit for Recovery Due to Prior Arbitration Awards. The court held that the suit is barred by res judicata as the same claims were already adjudicated in arbitration proceedings under the Arbitration Act, 1940.

The plaintiff, Unique Integrated Transport & Management Consultancies Pvt. Ltd., filed a suit against Mahanagar Telephone Nigam Ltd. (MTNL) and its of...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Sole Eyewitness Testimony. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Rasiklal Makhanji Solanki, was convicted under Section 302 IPC for the murder of Vidya Prabhudesai by pouring kerosene and setting her ...