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Bombay High Court Delivers Judgment in Death Confirmation Reference and Criminal Appeal. Accused challenged conviction under Section 302 of Indian Penal Code for murder by acid attack, which resulted in victim's death.

The case arises out of a death confirmation reference and criminal appeal filed by the accused against the judgment of the Additional Sessions Judge, ...

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Bombay High Court Dismisses Husband's Appeal for Divorce Under Article 4(8) of Law of Divorce — De Facto Separation Must Be 'Freely Consented' by Both Spouses. Husband's Adultery and Abandonment of Wife Precluded Finding of Free Consent Despite 25 Years of Separation.

The appellant-husband filed a Matrimonial Petition under Article 4(4), (5) and (8) of the Law of Divorce (Divorce Act of 1910) seeking divorce on grou...

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Supreme Court Allows Appeal of Complainant in Life Insurance Claim Repudiation Case — Insurer Failed to Prove Suppression of Material Facts. Non-disclosure of existing policies not established by documentary evidence; burden of proof under Section 45 Insurance Act, 1938 not discharged.

The present civil appeal arises from the repudiation of life insurance claims by Future Generali India Life Insurance Company Limited. The appellant, ...

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Bombay High Court Quashes FIR and Proceedings Under Section 306 IPC for Abetment of Suicide — No Prima Facie Case of Instigation or Abetment Established. Financial Dispute and Suicide Note Without Evidence of Intent to Instigate Suicide Do Not Attract Ingredients of Section 306 IPC.

The applicant, Ramrao Dhakane, filed a Criminal Application under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 111 of 202...

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Supreme Court Allows State Appeal in U.P. Excise Act Interest Dispute, Holding Licensee Liable for Interest Despite Interim Stay. Interest on Arrears of Excise Revenue is Payable Under Section 38A of U.P. Excise Act, 1910, as Interim Stay Only Suspended Recovery Without Nullifying Statutory Obligation.

The dispute arose from the respondent's license for retail sale of country liquor in Uttar Pradesh for the year 2002-03. The respondent applied for su...

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High Court of Karnataka Quashes Trial Court Order Allowing Amendment of Plaint After 17 Years for Lack of Due Diligence. Amendment Sought to Introduce New Facts After Commencement of Trial Held Barred Under Order VI Rule 17 CPC.

The petitioners, who are defendants in O.S. No. 8816/2003 pending before the XI Additional City Civil Judge, Bangalore, filed this writ petition under...

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Bombay High Court Quashes FIRs in SC/ST Atrocities Case Due to Lack of Public View and Malafide Prosecution. Allegations of caste-based insults failed as incidents occurred in private settings, not in public view, under Sections 3(1)(viii), 3(1)(ix), 3(2)(ii) of SC/ST Act, 1989.

The applicant, Kamlakar Ratnakar Shenoy, filed three criminal applications under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing...

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Bombay High Court Upholds Removal of Junior Clerk for Misconduct and Habitual Absence from Duty. Disciplinary Authority's Order of Dismissal Confirmed as Charges of Negligence and Insubordination Were Proved in Departmental Enquiry.

The petitioner, Shivdas Dodku Borkar, was a Junior Clerk in the District Court, Nagpur, and was posted at Narkhed. He was subjected to disciplinary pr...

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Bombay High Court Partially Sets Aside Arbitration Award Against Guarantors in Cooperative Bank Dispute — Guarantors Not Liable for Enhanced Credit Facility Without Their Consent. Guarantor Liability Cannot Be Extended Beyond Original Guarantee Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common undated arb...