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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Absence of Public Witness. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Babu Vansha Gangad, was convicted by the Additional Sessions Judge, Palghar on 04.09.2015 for the murder of his sister-in-law Jethibai ...

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Bombay High Court Upholds Conviction of Accused for Rape and Criminal Intimidation of Minor Daughter. Sentence of 5 Years RI Held Adequate; State's Appeal for Enhancement Dismissed.

The judgment arises from three connected proceedings: Criminal Appeal No. 218 of 2013 filed by the accused Madhukar Makaji Mudgul against his convicti...

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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

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Bombay High Court Upholds Copyright Injunction Against Music Streaming Service in Interpretation of Section 31D of Copyright Act, 1957. The court held that a statutory license under Section 31D for radio broadcasting does not extend to internet streaming services like Wynk Music.

The case involves two appeals by Wynk Ltd and Bharti Airtel Ltd (defendants) against an order of the Bombay High Court (SJ Kathawalla J) dated 23rd Ap...

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Bombay High Court Dismisses PIL Seeking Regulation of Time Share Companies as Collective Investment Schemes Under SEBI Act. Court Holds That Time Share Arrangements Do Not Constitute Collective Investment Schemes and That Grievances Are Contractual in Nature.

The petitioner, M/s Securities & Time Share Owners Welfare Association, filed a public interest litigation seeking a direction to the Securities and E...

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Bombay High Court Allows Appeal in Railway Accident Claim — Untoward Incident Presumed Under Section 124A of Railways Act, 1989. Deceased's fall from train due to sudden jerk or push constitutes an untoward incident; railway's defense of suicide or self-inflicted injury not established.

The appellants, being the father, mother, and brother of the deceased Ganesh Vasanta Kajale, filed a claim before the Railway Claims Tribunal, Nagpur,...

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Bombay High Court Declines to Answer Reference on Academic Issue When Underlying Writ Petition Disposed of. Full Bench holds that a larger bench cannot answer a reference for academic purposes when the cause is not live.

The Full Bench of the Bombay High Court at Nagpur was constituted to resolve a conflict of opinion between two Division Bench decisions: Saroj Iyer v....

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration and Weak Circumstantial Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Sanjay Namdeo Gaikwad, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his wife, Umabai, and sentenced...

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Bombay High Court Acquits Husband in Abetment of Suicide Case Due to Lack of Evidence of Instigation or Harassment. Death by Burning Held to be Accidental, Not Suicidal, Based on Medical and Circumstantial Evidence.

The appellant, Dhavalkumar Arun Dombe, was convicted by the Additional Sessions Judge, Satara for offences under Sections 498-A and 306 of the Indian ...