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Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Atrocity Case — Alleged Caste-Based Insult Not in Public View. Court holds that Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 requires insult to be in public view, and private conversation does not attract the provision.

The present appeal was filed by three appellants, namely Gayatri Sanjay Jaitmal, Baburao Rahuba Sonawane, and Padmabai Baburao Sonawane, challenging t...

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Bombay High Court Partially Allows Wife's Revision and Dismisses Husband's Revision in Maintenance Case Under Section 125 Cr.P.C. — Enhancement of Maintenance Granted to Wife and Child Based on Husband's Income and Inflation.

The case involves two criminal revision applications arising from a common judgment and order dated 15th & 17th February, 2014 passed by the Family Co...

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Bombay High Court Quashes FIR in Domestic Violence Case Due to Delay and Lack of Specific Allegations Against Distant Relatives. The court held that the FIR was an abuse of process of law under Section 482 CrPC as it was filed after a delay and contained vague allegations against the applicants.

The applicants, who are relatives of the husband of respondent No.2, filed a criminal application under Section 482 of the Code of Criminal Procedure,...

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High Court of Karnataka Dismisses Husband's Appeal in Muslim Wife's Restitution of Conjugal Rights Suit. Muslim Personal Law Recognizes Wife's Right to Seek Restitution of Conjugal Rights Under Section 9 of the Dissolution of Muslim Marriages Act, 1939.

The case involves a Regular Second Appeal filed by the defendant-husband against the judgment and decree of the Senior Civil Judge, Hukkeri, which aff...

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Bombay High Court Allows Appeal by Widow and Children for Full Compensation in Workmen's Compensation Case. Divorced First Wife Held Not Entitled to Share as Divorce Under Buddhist Customs Valid.

The case arises from the death of Kishore Tode, a Senior Overman with Western Coal Fields, who died in a workplace accident on 4 June 2009 when a heap...

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Bombay High Court Allows Transfer of Divorce Proceedings to Wife's Place of Residence Due to Inconvenience and Child Care. Wife's difficulty in traveling 195 km with a six-month-old child constitutes sufficient ground for transfer under Section 24 CPC.

The applicant wife, Aruna Gorakhnath Korde, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908 seeking tran...

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Bombay High Court Allows Second Appeals in Property Dispute Between Brothers, Remands for Fresh Consideration on Limitation and Evidence Appreciation. The court held that the First Appellate Court must discuss evidence and cannot ignore a finding on limitation that has attained finality.

The case involves two second appeals arising from a property dispute between brothers. The appellants (Ulhas Shankar Barde and Urmila Ulhas Barde) and...

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Bombay High Court Dismisses Appeal by Spouse of Heir Seeking to Participate in Licitation in Inventory Proceedings. The right to bid in licitation under Article 1412 of Portuguese Civil Procedure Code, 1939 is limited to heirs and the moiety holder spouse, not extending to spouses of heirs.

The case involves an appeal from an order dated 01.02.2006 in Inventory Proceedings No.310/2004/B for partitioning the estate of Andre Andrade. The wi...