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Bombay High Court Acquits Accused in MCOCA Case Due to Lack of Sanction and Insufficient Evidence of Organized Crime. Conviction under IPC for robbery and house-trespass upheld but MCOCA offences set aside as procedural requirements not met.

The appellants, Amar Chauhan (accused No.1), Bittu Mahi (accused No.2), and Dilip Chauhan (accused No.3), were convicted by the Special Judge under MC...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Preventive Detention Cannot Be Based on Mere Criminal Antecedents Without Evidence of Public Order Disturbance.

The petitioner, Ashok Kisan Jadhav, challenged his detention under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction under Sections 8, 10, 12 of POCSO Act and Section 506 IPC set aside as victim's evidence was unreliable and medical evidence did not support sexual assault.

The appellant, Pravin Narayan Khole, was convicted by the Additional Sessions Judge, Pusad in Special (Child) Case No.9/2014 for offences under Sectio...

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Bombay High Court Upholds Acquittal in Murder Case Due to Unreliable Dying Declaration. Dying declaration found suspicious as deceased was under influence of medication and relatives present, not recorded by Magistrate, and not corroborated by other evidence.

The State of Maharashtra appealed against the acquittal of Umesh Digambar Jadhav (respondent-accused) for the murder of his wife Meenakshi by pouring ...

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Bombay High Court Allows Second Appeal in Possession Suit Based on Title — Concurrent Findings Set Aside for Ignoring Compromise Decree and Mutation Entries. The court held that failure to consider crucial evidence renders findings perverse and warrants remand under Section 100 CPC.

The present second appeal arises from a suit for possession based on title filed by the original plaintiff (respondent No. 1) against the original def...

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Bombay High Court Dismisses Petition Challenging Invalidation of Halbi Tribe Certificate. Petitioner failed to prove Scheduled Tribe status due to lack of evidence and area restriction under the Constitution (Scheduled Tribes) Order, 1950.

The petitioner, Nitin Dnyaneshwar Sherkar, through his natural guardian father, filed a writ petition challenging the order dated 28.6.2004 passed by ...

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Bombay High Court Dismisses Appeal by School Management Against Reinstatement of Probationary Teacher. Termination of probationer without inquiry and without approval under Section 5 of MEPS Act is invalid.

The case involves an appeal by a school management (Shri Vinayak Vidhyadayini Trust and its Headmistress) against the order of the School Tribunal and...

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Bombay High Court Allows Wife's Appeal Against Divorce Decree on Ground of Cruelty, Sets Aside Family Court Order. Isolated instances of verbal abuse and filing of false complaints do not constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.

The appellant-wife and respondent-husband were married on 20.5.1994 at Sumerpur, Rajasthan according to Hindu Vedic rites. After marriage, the wife re...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Doubtful Circumstantial Links. Conviction under Section 302 IPC set aside as prosecution failed to prove motive, recovery, and last seen theory beyond reasonable doubt.

The appellant, Gopal Bodhuram Gurjar, was convicted by the first Adhoc Additional Sessions Judge, Nashik, for the murder of his uncle Sonbabu @ Sonpal...