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Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

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Supreme Court Quashes DNA Test Order in Fake Caste Certificate Case — Roving and Fishing Enquiry Not Permitted Without Substantial Investigation. Section 53 CrPC Does Not Justify Premature DNA Test Without Investigation Material.

The appeal arose from a judgment of the High Court of Andhra Pradesh dismissing the appellant's application under Section 482 CrPC for quashing an ord...

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Bombay High Court Allows Petition Against Unauthorized Construction and Inaction by Municipal Corporation — Directions Issued to MCGM to Act Within Four Weeks. Resident's Locus Standi Upheld Under Mumbai Municipal Corporation Act, 1888 Sections 351, 354, 355A, 488.

The petitioner, Dr. Rahul Jain, a resident of Borivali West, Mumbai, filed a writ petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court Allows Discharge of Accused in Rape Case Due to Lack of Prima Facie Evidence. Allegations of Repeated Rape and Criminal Intimidation Found Vague and Contradictory, Not Sufficient to Frame Charges Under Sections 366, 376(2)(n), 323, 504, 506, 341 IPC and Sections 3, 25 Arms Act.

The applicant, Dr. Avinash Manohar Warjurkar, accused no.1 in Sessions Trial No. 10 of 2017 pending before the Additional Sessions Judge, Bhandara, fi...

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Bombay High Court Acquits Accused in Cheque Dishonour Case Due to Lack of Legally Enforceable Debt. Agreement to Sell Not Signed by Accused, No Privity of Contract Established Under Section 138 of Negotiable Instruments Act, 1881.

The case involves a criminal revision application filed by the accused, Shaikh Suleman Shaikh Rustam, challenging his conviction under Section 138 of ...

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Bombay High Court Allows Employer's Appeal in Workmen's Compensation Case — Death Not Arising Out of Employment. Deceased lineman died of heart attack while on duty but without any work-related strain; held not compensable under Section 3 of Workmen's Compensation Act, 1923.

The case involves two cross-appeals arising from a single judgment and award dated 23.11.2001 passed by the Commissioner, Workmen's Compensation Tribu...

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Bombay High Court Allows Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings Set Aside Due to Non-Compliance with Order 41 Rule 31 CPC. First Appellate Court's Failure to Frame Points for Determination and Provide Reasoning Renders Judgment Unsustainable.

The case involves a second appeal filed by the original defendants against the judgment and decree passed by the District Judge, Beed, in Regular Civi...

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Bombay High Court Quashes FIR Against Advocate in RTI Dispute — No Offence Under Sections 353, 323, 504, 506 IPC Made Out. Allegations of Obstruction of Public Servant Fail as Informant Not Discharging Public Duty at Time of Incident.

The applicant, a practicing advocate, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR N...

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Bombay High Court Acquits Husband in Dowry Death Case Due to Unreliable Dying Declaration and Incomplete Circumstantial Evidence. Conviction under Sections 302 and 498-A IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Shaikh Mazhar s/o Shaikh Haidar, was convicted by the Sessions Judge, Parbhani in Sessions Trial No.23 of 2013 for offences under Secti...