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Bombay High Court Acquits Accused in Dowry Death Case Due to Inconsistent Dying Declarations. Conviction under Sections 498-A and 302 IPC set aside as dying declarations were contradictory and not corroborated by medical evidence or other witnesses.

The appellant, Rajesh Bhikaji Gade, was convicted by the Additional Sessions Judge, Majalgaon, for offences under Sections 498-A and 302 of the Indian...

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Bombay High Court Allows Section 482 Application to Quash Rejection of Section 91 Application for Production of Enquiry Documents in Rape and Atrocities Case. The court held that documents of pre-FIR enquiry are relevant for fair trial and directed reconsideration.

The applicants, Harinarayan Gulabrao Sardar and Mangesh Rajendra Madavi, filed a criminal application under Section 482 of the Criminal Procedure Code...

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Bombay High Court Quashes Summons Issued Under Section 160 CrPC for Production of Documents Beyond Territorial Jurisdiction. Investigating Agency Cannot Summon Person Residing Outside Police Station Limits for Document Production Under Section 160 CrPC; Proper Remedy Lies Under Section 91 CrPC.

The petitioner, Shri Anirudha S. Bhagat, a resident of Mumbai, challenged summonses issued by the Investigating Agency in Daman under Section 160 of t...

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Bombay High Court Dismisses State Appeal Against Acquittal in Attempt to Murder Case Due to Inconsistent Evidence and Doubtful Identification. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 307, 324, 504, 506 IPC and Section 27 of Arms Act.

The State of Maharashtra filed an appeal against the acquittal of Baburao Bhujanga Patil and Maruti Bhujanga Patil by the Assistant Sessions Judge, Ko...

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Bombay High Court Quashes Appointment of Special Public Prosecutor in Dowry Death Case Due to Lack of Consent from Accused. Appointment under Section 24(8) CrPC Requires Consent of Accused or Victim, Not Third Party Complainant.

The petitioners, Omprakash Baheti and others, are accused in Sessions Trial No. 464/2005 pending before the 6th Adhoc Additional Sessions Judge, Nagpu...

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Bombay High Court Quashes Criminal Proceedings Against Retired Municipal Employees in Forgery Case Due to Lack of Sanction Under Section 197 CrPC. Allegations of Fabricating Official Records Require Prior Sanction for Prosecution of Public Servants for Acts Done in Discharge of Official Duty.

The petitioners, four retired employees of the Municipal Council, Ahmedpur, filed a Criminal Writ Petition under Article 226 of the Constitution of In...

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High Court of Bombay at Goa Dismisses Petition Seeking CBI Investigation in Cheating Cases — No Bias or Mala Fides Established Against Investigating Agency. Police Investigation Under Section 173(8) CrPC Can Continue Even After Charge-Sheet, and Victims Have Alternative Remedies Before Magistrate.

The petitioners, eight individuals, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...