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Bombay High Court Allows Writ Petition, Restores Trial Court Order Rejecting Application Under Order 9 Rule 13 CPC. Decree Passed Under Order 8 Rule 10 CPC for Failure to File Written Statement Cannot Be Set Aside Under Order 9 Rule 13; Proper Remedy Is Appeal.

The petitioner, Ashok Kundalrai Mohekar, was the owner of suit premises occupied by respondent Nos. 1 and 2 (National Textile Corporation Ltd.) as ten...

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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 Allows Discharge of Accused in Abetment of Suicide Case Due to Insufficient Evidence of Instigation. Vague Allegations in Suicide Note Without Proximate Link to Suicide Do Not Attract Section 306 IPC.

The judgment concerns two connected matters: a Criminal Writ Petition (No. 855 of 2013) and a Criminal Revision Application (No. 164 of 2013), both ar...

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Bombay High Court Dismisses Victim's Appeal Against Acquittal in Abetment of Suicide Case — Right of Appeal Under Section 372 CrPC Not Available When State Does Not Appeal and Victim Was Not Complainant.

The appellant, Ramdas Ajinath Bhandwalkar, filed an appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973, claiming to be a ...