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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay. Delay of 9 months and 21 days between arrest and detention order held to be fatal, vitiating the subjective satisfaction of the detaining authority under Section 3(1) of COFEPOSA.

The petitioner, wife of the detenu, filed a writ petition challenging the detention order dated 13.06.2012 issued under Section 3(1) of the Conservati...

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Bombay High Court Allows Wife's Interim Maintenance Application in Family Court Appeal, Dismisses Husband's Stay Application. Maintenance under Section 125 CrPC is a continuing right and wife's employment does not automatically disentitle maintenance if her income is insufficient.

The case involves two interim applications in a Family Court Appeal. The wife, Purvi Mukesh Gada, filed an application (IA/16733/2023) seeking interim...

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Bombay High Court Upholds Life Sentence for Husband in Dowry Death Case — Demand of Rs. 1 Lakh for Well Digging Leads to Murder of Wife. Conviction under Section 302 IPC confirmed based on circumstantial evidence and dying declaration.

The appellant, Yogesh Patil, was convicted by the Additional Sessions Judge, Jalgaon, for the murder of his wife Alka @ Sonali under Section 302 of th...

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Bombay High Court Acquits Accused in Child Sexual Assault Case Due to Inconsistent Evidence and Delayed FIR. Conviction under Section 354 IPC for outraging modesty of an 8-year-old girl set aside as prosecution failed to prove case beyond reasonable doubt.

The case involves a criminal revision filed by Hemant Tukaram Karande, a retired Station Director of Akashwani, challenging his conviction under Secti...

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Bombay High Court Sets Aside Family Court Order Disturbing Child Custody Based on Consent Without Welfare Inquiry. The court held that a custody order under Section 8 of the Guardians and Wards Act, 1890 cannot be passed solely on consent without considering the welfare of the child.

The case involves an appeal by the father (Appellant 'A') against a Family Court order dated 15 July 2014 that disturbed the custody of his two minor ...

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High Court of Karnataka Acquits Accused in Kidnapping and Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Prosecution Failed to Prove Offences Under Sections 366A and 376 IPC Beyond Reasonable Doubt as Victim's Testimony Was Unreliable and Medical Evidence Did Not Support Allegations.

The appellant, Kadamban, was convicted by the Principal District & Sessions Judge, Tumkur, in S.C. No. 274/2012 for offences under Sections 366A (kidn...

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Supreme Court Acquits Accused in Murder Case Due to Scripted Investigation and Unreliable Eyewitnesses. Delay in FIR Registration and Lack of Corroboration by Investigating Officer Undermine Prosecution Case Under Sections 147, 341, 326, 307, 323, 302 read with Section 149 IPC.

The Supreme Court allowed the appeals and set aside the conviction and sentence of the appellants. The case arose from an incident on 08.07.2008 where...

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Bombay High Court Quashes Detention Order in MPDA Case for Non-Application of Mind and Lack of Subjective Satisfaction. Preventive Detention Order Set Aside as Grounds Were Stale and Irrelevant, Violating Article 22(5) of the Constitution of India.

The petitioner, brother-in-law of the detenu Ganesh Narayan Mane, challenged the detention order dated 08.09.2017 passed by the Commissioner of Police...