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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...

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Bombay High Court Upholds Conviction of Appellant for Rape of Handicapped Woman with Low IQ — Evidence of Prosecutrix Found Credible and Corroborated. Medical Evidence and Testimony of Victim and Informant Establish Offence Under Section 376(2)(l)(n) IPC.

The appellant, Nilesh Prabhakar Jadhav, was convicted by the Additional Sessions Judge, Khamgaon, in Sessions Trial No.65/2017 for offences under Sect...

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Bombay High Court Allows Drivers' Petitions for Regularization of Service in Health Department — Denial of Minimum Pay Scale Violates Article 14 and 16 of Constitution. The court directed regularization and minimum pay scale for daily wage drivers working for more than 240 days continuously.

The petitioners, drivers appointed on daily wages in the Health Department of Zilla Parishad, Latur, filed writ petitions seeking regularization of se...

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Bombay High Court Upholds Interim Injunction in Shareholder Dispute Over Share Transfer Agreement — Agreement dated 14th June 2019 Held Valid and Enforceable.

The dispute arises out of a Share Purchase Agreement dated 14th June 2019 between the Kamdar Group (appellants) and the Sanghvi Group (respondents) fo...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 376(2)(j)(n) and 506 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Ajijkha (Khan) Bismillakha (Khan), was convicted by the Additional Sessions Judge, Amravati, for offences under Sections 376(2)(j)(n) a...

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Bombay High Court Partly Allows Quashing Petition in Extortion Case — MCOCA Approval Set Aside for Lack of Application of Mind. FIR under Section 387 IPC Upheld as Prima Facie Case Exists, but Sanction Under Section 23(1) MCOCA Quashed as Mechanical and Without Proper Satisfaction.

The Applicant, Hemant Dhirajlal Banker, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.303/...

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Bombay High Court Partially Dismisses Petition Challenging Rejection of Amendment in Partition Suit — Amendment Sought After Commencement of Trial Disallowed as It Would Change Nature of Suit Under Order VI Rule 17 CPC

The petitioner, Raju Danchand Bardia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 13th October 202...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Electricity Duty on Captive Consumption — Industrial Consumers Not Entitled to Exemption Under Section 3(1)(b) of Goa Electricity Duty Act, 1985 as Self-Generated Electricity Not Supplied by Licensee or Generating Company.

The petitioners, a group of industrial companies and their directors, filed a writ petition under Article 226 of the Constitution of India before the ...

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Bombay High Court Allows Decree on Admission in Construction Contract Dispute — Plaintiff Entitled to Claim Amount Based on Defendant's Admissions. Unequivocal Admission of Liability Under Order XII Rule 6 CPC Leads to Decree for Final Bill Amount with Interest.

The plaintiff, a partnership firm, filed a suit for recovery of Rs. 1,07,88,000/- with interest against the defendant, a government-owned company, for...