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Bombay High Court Allows Petition in Criminal Writ Jurisdiction — Quashes FIR for Non-Disclosure of Cognizable Offence. Court holds that FIR must disclose all ingredients of alleged offence; mere registration of FIR without prima facie case is abuse of process of law.

The petitioner, Neelam Nitin Sampat, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Crimina...

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High Court of Karnataka Decides Criminal Appeals Against Conviction for Murder under Section 302 IPC and Against Non-Imposition of Fine. The Court Examined the Evidentiary Value of Oral Dying Declaration and the Requirement of Imposition of Fine under Section 302 IPC.

The case concerns the murder of A.C. Yathisha on 03.04.2013. The prosecution alleged that the accused, Rajegowda @ Guruswamy, assaulted the deceased w...

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Bombay High Court Considers Quashing of FIR Against Trustees for Alleged Misappropriation of Trust Land. Absence of Dishonest Intention and Individual Ownership of Sold Property Raised to Negate Offences Under Sections 420, 406, 467, 471 IPC and Sections 66A, 67 MPT Act.

The case involved two criminal applications filed by former office-bearers of a public trust before the Bombay High Court seeking quashing of an FIR a...

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Bombay High Court Acquits Accused in Rape Case Due to Inherent Improbability and False Implication — Conviction Under Section 376 IPC Set Aside on Grounds of Preponderance of Probabilities.

The appellant, Rajesh s/o Kewalramji Chute, was convicted by the Sessions Judge, Bhandara, for offences under Section 376 IPC (rape) and Section 506 I...

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Bombay High Court Dismisses Petition Challenging Refusal of Interim Relief in Eviction Suit Under Maharashtra Rent Control Act. Licensee Cannot Claim Protection of Rent Control Legislation After Termination of License.

The petitioners, Skygourmet Catering Private Limited and WAH Restaurants Private Limited (formerly Mars Restaurants Private Limited), filed a writ pet...

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Bombay High Court Allows Petition for Section 54 Exemption on Purchase of House in USA — Amendment by Finance (No.2) Act 2014 Not Retrospective. The Court held that the amendment restricting exemption to investment in India is prospective and does not apply to transfers before 1st April 2015.

The petitioner, Hemant Dinkar Kandlur, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging a...

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Bombay High Court Issues Rule Nisi in Cyber Fraud Case Involving Unauthorized Withdrawals of Rs. 38.04 Lakh. Petitioner Claims Banks Breached RBI Guidelines on Internet Banking and Failed to Reverse Fraudulent Transactions.

The petitioner, a freelancer in business consultancy, maintained savings and current accounts with HDFC Bank since 2011 and 2016 respectively. On 14 J...

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Bombay High Court Allows Furlough to Convict in Criminal Writ Petition. Furlough is a Right Under Rule 17 of Prisons (Bombay Furlough and Parole) Rules, 1959, and Rejection Based on Pendency of Appeal is Unsustainable.

The judgment pertains to two criminal writ petitions filed by Dastgir Gafur Shaha, a convict, and his father Gafur Sandu Shaha, seeking release on fur...

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Bombay High Court Dismisses Petitioner's Challenge to Magistrate's Order Directing FIR Registration Under IPC Sections 406, 420, 467, 468, 471, 120-B — Magistrate's Power Under Section 156(3) CrPC to Order Investigation Upheld Despite Prior Charge-Sheet in Related Matter.

The petitioner, Mahendra s/o Kanhaiyyalal Jain, filed four criminal writ petitions under Article 226 of the Constitution and Section 482 of the Code o...