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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind to Bail Grant. Failure to Consider Petitioner's Release on Bail in Sessions Case No.79/2022 Rendered Detention Order Invalid.

The petitioner, Vijay Baburao Avhad, challenged the detention order dated 19.05.2022 passed by the District Magistrate, Ahmednagar under Section 3(2) ...

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High Court of Bombay Quashes Externment Order for Lack of Subjective Satisfaction and Non-Application of Mind — Petitioner's Criminal Antecedents Not Sufficient to Justify Externment Under Section 56(1)(a) & (b) of Maharashtra Police Act, 1951.

The petitioner, Sachin Sanjay Raut, filed a criminal writ petition before the High Court of Bombay at Nagpur seeking quashing of an externment order d...

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Bombay High Court Upholds Conviction for Rape and Robbery in Case of False Promise of Marriage. Court holds that sexual intercourse on false promise of marriage constitutes rape under Section 375 IPC and that theft during such act amounts to robbery under Section 390 IPC.

The case involves two appeals: Criminal Appeal No. 467 of 2012 filed by the convict Anand Singh challenging his conviction and sentence, and Criminal ...

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Bombay High Court Acquits Two Accused in Gang Rape Case Due to Unreliable Sole Testimony of Prosecutrix. Conviction under Section 376(2) IPC set aside as evidence of prosecutrix was found to be untrustworthy and contradictory.

The case involves two criminal appeals filed by original accused persons, Ali Mohd. Subrati Khan (Accused No.2) and Mobin Sherali Khan (Accused No.1),...

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Bombay High Court Upholds Conviction for Murder Based on Circumstantial Evidence and Dying Declaration — Appellant's Acquittal Sought on Grounds of Inconsistent Witness Testimony and Lack of Direct Evidence Dismissed.

The appellant, Ramu @ Ramdas Rupaji Bhavar, was convicted by the Additional Sessions Judge-3, Nashik for the murder of his neighbour Shivram Pawar und...

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Bombay High Court Quashes FIR in Marital Rape and Dowry Harassment Case Due to Lack of Prima Facie Evidence. Allegations of Rape by Husband and In-Laws Found to Be Vague and Contradictory, No Offence Made Out Under Sections 376(2)(n), 377, 498-A, 494, 294, 323, 504, 506 IPC r/w Section 34 IPC.

The case involves a criminal application filed by seven applicants (husband, in-laws, and relatives) seeking quashing of FIR No. 505/2022 registered a...

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Bombay High Court at Goa Allows Writ Petition of Candidate Denied Police Sub-Inspector Post Due to Criminal Cases Despite Acquittals. Court holds that acquittals must be considered and mere registration of cases cannot be a ground for rejection.

The petitioner, Netajirao Sanjay Prabhudessai, applied for the post of Police Sub-Inspector in Goa Police under the category of Children of Freedom Fi...

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Bombay High Court Grants Bail to Accused in POCSO and Rape Case Due to Inconsistent Testimony and Lack of Corroboration. The court held that where the prosecutrix's testimony is inconsistent and lacks corroboration, bail may be granted under Sections 376-D, 363, 506 IPC and Sections 3,4,8,12 POCSO Act.

The applicant, Pratik Vilas Shelar, filed a bail application under the POCSO Act and IPC for offences including gang rape, kidnapping, and criminal in...