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Bombay High Court Grants Bail to Accused in Attempt to Murder Case Due to Lack of Prima Facie Evidence and Delay in Filing FIR. Court Held That Absence of Grievous Injuries and Delay in FIR Weakened Prosecution Case Under Sections 140(2), 308(7), 3(5) of Bharatiya Nyaya Sanhita, 2023.

The applicants, Ankush Singh and Jatin Patel, filed a bail application under the Bharatiya Nyaya Sanhita, 2023, in connection with FIR No. 0039 of 202...

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Bombay High Court Allows Appeal in Company Petition — Interim Relief Granted to Restrain Alienation of Property. Balance of convenience favored grant of ad-interim relief to protect subject matter of petition under Sections 397, 398 of Companies Act, 1956.

The present appeal arises from a Company Petition No. 149 of 2012 filed under Sections 397 and 398 of the Companies Act, 1956, alleging oppression and...

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High Court Discharges Public Servant in Corruption Case for Lack of Sanction Under Section 19 of Prevention of Corruption Act. Sanction for prosecution is mandatory and absence of valid sanction vitiates proceedings.

The applicant, Bibhas Chandra Singh, a public servant employed as General Manager (Mines) in Western Coalfields Ltd., filed a criminal revision applic...

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Bombay High Court Quashes Proceedings Against Teacher in Abetment of Suicide Case — No Prima Facie Case of Instigation or Abetment Established. Allegations of Harassment by Colleagues Not Sufficient to Attract Section 306 IPC Without Direct or Indirect Acts of Instigation.

The petitioner, Sanjay Kumar K. Shinde, was one of five accused in Sessions Case No.47 of 2012 pending before the Sessions Court at Nashik, charged wi...

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Bombay High Court Quashes FIR Against Advocate in Forgery Case — No Prima Facie Case Made Out. Petitioner Advocate Issued Public Notice for Client's Proposed Land Purchase; Allegations of Forgery and Cheating Found Baseless as No Specific Role Attributed.

The petitioner, an advocate, filed a criminal writ petition seeking quashing of FIR No. 76 of 2013 registered at Margao Town Police Station for offenc...

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Bombay High Court at Goa Dismisses Petition for Injunction Against Auction of Barge in Admiralty Suit — Petitioners Failed to Establish Prima Facie Case for Ownership or Possession. The court held that the balance of convenience favored the respondents and no irreparable loss was shown.

The case involves a writ petition filed by Mrs. Mona Kapadia and Capt. Kenneth Khan against M/s Gammon India Limited and others, seeking to restrain t...

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Bombay High Court Allows Appeal Against Temporary Injunction in Specific Performance Suit — Non-Signatory Co-Owners Cannot Be Restrained Based on Agreement They Did Not Sign. Refusal to Perform by Non-Signatory Does Not Constitute Prima Facie Case for Injunction.

The case involves an appeal against an order granting temporary injunction in a suit for permanent injunction and specific performance. The appellants...

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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 Allows Unconditional Stay of Tax Demand for Statutory Authority in Income Tax Exemption Case — Strong Prima Facie Case Based on Consistent Appellate History. Section 220(6) of Income Tax Act, 1961 invoked to stay demand of Rs.961.92 Crores pending appeal before CIT(A).

The Petitioner, Mumbai Metropolitan Region Development Authority (MMRDA), a statutory authority established under the Mumbai Metropolitan Region Devel...