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High Court

Bombay High Court Dismisses Husband's Application for DNA Test in Domestic Violence Proceedings — Paternity Denial Not Permissible Without Strong Prima Facie Evidence. The court held that a DNA test cannot be ordered as a matter of course to rebut the presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, and the husband's bare allegations of adultery were insufficient.

18 Feb 2021

The case arises from a criminal application filed by Sahebrao Deorao Chavan (applicant No. 1) challenging an order dated 03/01/2019 passed by the Judi...

High Court

Bombay High Court Quashes FIR Against Advocate in Sexual Harassment Case Due to Lack of Prima Facie Case Under Section 354A IPC. Mere sending of messages and a proposal without physical contact or explicit demand for sexual favour does not constitute sexual harassment under the Indian Penal Code.

2 Dec 2020

The petitioner, an advocate, sought quashing of FIR No.570 of 2019 registered at Cidco Police Station, Aurangabad, under Sections 354A, 354D, 506, 509...

High Court

Bombay High Court Dismisses State's Appeal Against Discharge of Accused in MCOC Case for Invalid Sanction. Sanction Under Section 23(2) of MCOC Act Was Granted Without Application of Mind and Condition of More Than One Charge-Sheet Was Not Satisfied.

8 Jan 2010

The State of Maharashtra filed an appeal under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Act) against an order dated 24...

High Court

Bombay High Court Dismisses State Appeal in MCOCA Discharge Case for Lack of Evidence of Organised Crime Syndicate. Single Incident of Murder Does Not Constitute 'Organised Crime' Under Section 3 of Maharashtra Control of Organised Crime Act, 1999 Without Proof of Continued Unlawful Activity and Syndicate Membership.

6 May 2011

The State of Maharashtra appealed against an order of the Special Judge, Pune, discharging the respondent-accused Rahul Ramchandra Taru from offences ...

High Court

Bombay High Court Dismisses Revision Against Conversion of Conviction from Section 325 to Section 323 IPC — Procedural Amendment Not Retrospective to Affect Accused's Vested Right of Appeal. The court held that the proviso to Section 372 CrPC inserted in 2009 is prospective and does not apply to judgments delivered before its commencement, thus the revision could not be converted into an appeal.

25 Oct 2012

The petitioner, Nandabai, was the original complainant in a criminal case against the respondent-accused, Maruti Gopala Mehetre, for causing hurt. The...

High Court

Bombay High Court Dismisses Applicant's Petition Under Section 482 CrPC in Domestic Violence Case — Observations in Appellate Interim Order Not Binding on Trial Magistrate. The Court held that the Magistrate must decide the final application under the Protection of Women from Domestic Violence Act, 2005 independently without being influenced by interim appellate observations.

6 Dec 2012

The applicant, Prabha Arora, filed an application under the Protection of Women from Domestic Violence Act, 2005 before the Judicial Magistrate First ...

High Court

Bombay High Court Upholds Interim Maintenance to Wife Under DV Act Despite Dismissal of Main Complaint — Appeal Court Has Power to Grant Interim Relief Pending Appeal

13 Feb 2019

The petitioner, Gananath Vishwanathan Shenoy, challenged an order dated 05.07.2018 passed by the learned District Judge-8 and Additional Sessions Judg...

High Court

Bombay High Court Dismisses Petition Seeking Removal of Reference to Jarnail Singh Bhindranwale from State Textbooks. Court holds that the reference is a factual historical statement and does not glorify violence or offend any religious sentiments.

18 Apr 2019

The petitioner, Amritpal Singh Khalsa, a law student, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Cour...

High Court

Bombay High Court Quashes FIR Against Canteen Licensee in Hooch Tragedy Case — No Prima Facie Case of Culpable Homicide. Licensee of Civil Hospital canteen cannot be held vicariously liable for deaths caused by spurious liquor served at a private party without evidence of direct involvement or knowledge under Section 304 IPC.

13 Sep 2019

The case arises from a tragic incident on 12/02/2017 where a dinner party organized by two candidates contesting Zilla Parishad and Panchayat Samiti e...

High Court

Bombay High Court Allows Petition in Domestic Violence Act Case — Appellate Court Erred in Applying Section 125 CrPC Standards to Proceedings Under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The High Court quashed the Sessions Court order that set aside interim maintenance, holding that the DV Act provides an independent remedy not governed by Section 125 CrPC.

27 Sep 2019

The petitioner, Surekha Nanaso Jagtap, filed a petition under Article 227 of the Constitution of India challenging an order passed by the Sessions Jud...

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