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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration and Lack of Corroboration. Conviction under Section 302 r.w. 34 IPC set aside as dying declaration was not recorded in proper form and prosecution failed to prove guilt beyond reasonable doubt.

The case involves two criminal appeals filed by original accused Nos. 1, 2, and 3 against their conviction under Section 302 read with Section 34 of t...

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Bombay High Court Dismisses Appeal Against Refusal to Revoke Leave Under Clause 12 of Letters Patent in Mortgage Suit. Part of Cause of Action Arose Within Jurisdiction as Loan Agreement and Assignment Deed Were Executed in Mumbai and Title Deeds Deposited There.

The appellant, Deccan Chronicle Holdings Ltd., was the original First Defendant in a suit filed by PIL Industries Ltd. (the plaintiff) for recovery of...

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Bombay High Court Allows Writ Petition Challenging Post-Retirement Re-Fixation of Pay Without Notice. Re-fixation of pay after retirement without affording opportunity of hearing violates principles of natural justice.

The petitioner, Naeem Ahmedkhan s/o Dilawarkhan, a retired government servant, filed a writ petition before the Bombay High Court at Aurangabad challe...

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Bombay High Court Quashes Section 138 NI Act Proceedings Against Directors for Lack of Specific Averments. Vicarious Liability Under Section 141 Requires Specific Allegations of Role in Conduct of Business.

The petitioners, comprising a company and its directors, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code...

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Bombay High Court Allows Appeal Against Deduction from Gratuity for Cooperative Loan Repayment. Employer Cannot Deduct Gratuity for Loan to Cooperative Society Unless It Is a Government Due Under Rule 132 read with Rule 134 of Maharashtra Civil Service (Pension) Rules, 1982.

The appellant, Ashfaq Husain, was a Section Officer with Zilla Parishad, Washim. Upon his retirement, the respondents (Chief Executive Officer, Block ...

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Bombay High Court Holds Husband Guilty of Contempt for Wilful Disobedience of Maintenance Order. Non-compliance with Family Court's maintenance order for over two years despite notice of contempt petition amounts to wilful disobedience under the Contempt of Courts Act, 1971.

The contempt petition was filed by the wife, Amita B Devnani, against her husband Bhagwan H Devnani and others, alleging wilful disobedience of an ord...

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Bombay High Court Allows Suit for Recovery of Price of Goods Supplied Under Contract with State Government — Interest Awarded at 6% per annum from Date of Suit. Plaintiff proved supply of pesticides and defendant's failure to pay balance price.

The plaintiff, M/s. Devidayal Sales Pvt. Ltd., filed a suit against the State of Maharashtra for recovery of Rs. 2,56,560/- with interest. The plainti...