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Bombay High Court Quashes Process for Forgery Against Accused in Cheque Dishonour Case Due to Absence of Allegation of Making False Document. Court holds that dishonour of cheque alone does not constitute forgery under Section 467 IPC without proof of making false document.

The petitioner, Shaikh Noor Shaikh Nanhu, was original accused no.4 in Regular Criminal Case No. 65/2000 pending before the Judicial Magistrate (F.C.)...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of 22-Year-Old Labourer. Negligence of Tanker Driver Proved; Contributory Negligence of Deceased Not Established; Income Assessed at Rs. 9,000 per Month Under Motor Vehicles Act, 1988.

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Thane, dated 30 September 2022, in MACP No. 108 of 2015. The claimants, legal...

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Bombay High Court Dismisses Application for Cancellation of Bail in POCSO Case — No Supervening Circumstances or Misconduct Established. Court held that cancellation of bail requires proof of misuse of liberty or supervening circumstances, not mere disagreement with the bail order.

The applicant, a minor victim through her natural guardian, filed an application under Section 439(2) of the Code of Criminal Procedure, 1973, seeking...

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Bombay High Court Dismisses Army Officers' Challenge to Policy Change on Retention of Residential Accommodation During Study Leave. Policy change held to be reasonable and not arbitrary, as it applies uniformly to all officers and is based on administrative exigencies.

The petitioners, four Army officers (Lt. Col. Jitendra Ramchandra Manerikar, Lt. Col. Amar Nath Tripathi, Col. S. S. Jaglan, and Lt. Col. Atul Kishore...

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Bombay High Court Dismisses State's Delay Condonation Applications in Land Acquisition Appeals — Limitation Act Section 5 Not Applicable to State for Delay Beyond 30 Days in Filing Appeals Under Section 54 of Land Acquisition Act.

The judgment pertains to multiple civil applications filed by the State of Maharashtra and its officers (the Executive Engineer, Minor Irrigation Divi...

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Bombay High Court Disposes of Criminal Appeals Against Conviction in MCOCA Special Case No.1 of 2006. Accused-Appellants Were Convicted Under Various IPC and MCOCA Sections for Kidnapping for Ransom and Murder; Appeals Heard and Disposed by Common Judgment.

The case involved the abduction, ransom demand, and murder of Sagar Sahani, son of businessman Satinder Sahani. On 14 August 2005, Sagar was abducted ...

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Bombay High Court Upholds Dismissal of Execution Petition as Time-Barred in Specific Performance Case. Dismissal of Appeal for Want of Prosecution Does Not Constitute Merger of Decree and Limitation Period Runs from Date of Trial Court Decree Absent Stay of Execution.

The dispute arose from a suit for specific performance of an agreement to sell agricultural land. The predecessor of the petitioners (plaintiff) had e...

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Bombay High Court Quashes Defamation Complaint Against Company Officials for Termination Letter Sent to Prospective Employer. Communication of termination to a prospective employer does not amount to publication to a third party under Section 500 IPC.

The applicants, who were employees of Future Generali India Life Insurance Company Limited, challenged an order dated 30/11/2017 passed by the Judicia...

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Bombay High Court Allows Petition Challenging Cooperative Society Bye-Law Amendment for Lack of Quorum and Procedural Irregularities. Amendment to Bye-Law 24(c) restricting voting rights to one member per family set aside as resolution passed without requisite quorum and without proper notice.

The petitioners, Uday Dalal, Ajay Biyani, Rina Pritish Nandy, and Prachi Agarwal, are members of the Malboro House Coop. Housing Society Limited, a co...