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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Service of valid demand notice is a prerequisite for offence under Section 138 of Negotiable Instruments Act, 1881.

The case involves two criminal applications filed by the applicants (original accused) seeking quashing of FIR No. 0033 of 2018 and connected proceedi...

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Karnataka High Court Allows Appeal in Nullity of Marriage Case Due to Coercion and Lack of Free Consent. Marriage Declared Null and Void as Appellant's Consent Was Obtained Under Threat and Coercion After Kidnapping.

The appellant, Smt Channamma, filed a suit for declaration that her marriage with the respondent, Sri Bellappa, was a nullity on the ground that her c...

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Bombay High Court Allows Appeal Setting Aside Probate Due to Suspicious Circumstances — Propounder Failed to Discharge Burden of Proof Under Section 63 of Indian Succession Act, 1925. The court found discrepancies in execution and the propounder's active role in making the will, which were not explained.

The appeal arose from a judgment of a Learned Single Judge granting probate of an alleged will of Ramchandra Marutirao Sawant. The testator died on 1 ...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Minor Daughter from Maternal Relatives. Court holds that welfare of the child is paramount and father's petition is not maintainable as child is not in illegal detention.

The petitioner, Shekhar Jagdish Prasad Tewari, filed a writ of habeas corpus before the Bombay High Court seeking production and custody of his minor ...

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Bombay High Court Acquits Accused in Attempt to Murder Case Due to Inconsistent Evidence and Failure to Prove Intent. Conviction under Section 307 IPC and Arms Act Set Aside as Prosecution Failed to Establish Intention to Cause Death.

The appellant, Abhijit @ Abhay Koche, was convicted by the Sessions Court, Bhandara for offences under Section 307 of the Indian Penal Code (IPC) and ...

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High Court Quashes Charges Against Doctor in POCSO Case for Failure to Report Sexual Offence — Mandatory Reporting Duty Under Section 19 of POCSO Act Applies Only to Persons Having 'Reason to Believe' Based on Concrete Information, Not Mere Suspicion.

The petitioner, Dr. Lata Krishnaraddi Mankali, a gynecologist and Chief Medical Officer at KLE's Society's Dr. Kamala Hospital, Ankola, was arrayed as...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Kidnapping Case — Prosecution Fails to Prove Abduction as Prosecutrix Turns Hostile and Medical Evidence Lacks Corroboration Under Sections 366, 323, 114 IPC.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 01.0...

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Bombay High Court Allows Ex Gratia Compensation for Custodial Death and Directs Registration of FIR Against Police Officials. Court Holds State Vicariously Liable for Violation of Right to Life Under Article 21 of Constitution of India in Custodial Death Case.

The petitioner, Ashok Kondaji Rokade, filed a Criminal Writ Petition before the Bombay High Court, Bench at Aurangabad, seeking ex gratia compensation...

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Supreme Court Restores MACT Award in Motor Accident Claim — High Court's Summary Reversal Set Aside for Lack of Evidence Appreciation. First Appeal Under Section 173 of Motor Vehicles Act, 1988 Requires Careful Marshalling of Evidence, Not Cryptic Orders.

The present appeal arises from a motor accident claim where the deceased, Chakradhar Dubey, an Assistant Post-Master, died after a truck hit the car h...