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Bombay High Court Dismisses Petition Challenging Appointment of Nominated Councillor as Leader of House in Pune Municipal Corporation. Section 19-1A of Maharashtra Municipal Corporation Act, 1949 Does Not Require Leader to Be Elected Councillor; Term 'Councillor' Includes Nominated Members.

The Bombay High Court dismissed a writ petition challenging the appointment of a nominated Councillor as Leader of the House in the Pune Municipal Cor...

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Bombay High Court Acquits Appellant in Murder Case Due to Unreliable Testimony of Interested Witnesses and Lack of Corroboration. Conviction under Section 302 IPC set aside as sole eye-witnesses were close relatives with material contradictions and no independent corroboration.

The appellant, Nandu Dada Survase, was convicted by the Additional Sessions Judge, Pandharpur for the murder of his wife Shakuntala under Section 302 ...

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Bombay High Court Allows Appeal in Land Acquisition Case, Remands for Fresh Compensation Determination. Mere Survey Entries Do Not Establish Tenancy Under Goa Agricultural Tenancy Act, 1976.

The appellant, Shri Ratnakar Rama Parab, owned land admeasuring 1192 sq. mtrs. in Orgao, Ponda, Goa, which was acquired by the State for the public pu...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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Bombay High Court Quashes Eviction Order Under Senior Citizens Act — Tribunal Cannot Order Eviction Under Section 5 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Remedy of eviction is not provided under the Act; only maintenance and protection can be ordered.

The petitioners, son and daughter-in-law of respondents 2 and 3, challenged an order dated 21.01.2020 passed by the Tribunal constituted under Section...

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Bombay High Court Acquits Accused in Rape of Mentally Retarded Woman Due to Lack of Consent Evidence. Conviction under Section 376(2)(l) IPC set aside as prosecution failed to prove absence of consent and knowledge of mental retardation.

The present appeal challenged the conviction and sentence of the appellant under Section 376(2)(l) of the Indian Penal Code, 1860 (IPC) for the rape o...

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Bombay High Court Acquits Appellant in Murder Case Due to Lack of Evidence and Inconsistencies in Prosecution Case. Conviction under Section 302 IPC for murder of wife set aside as circumstantial evidence failed to establish guilt beyond reasonable doubt.

The appellant, Imranali Babuali Sayyed, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Nasrinbano, by the Additi...

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Bombay High Court Quashes FIR in Dowry Harassment Case Due to Settlement and Lack of Specific Allegations Against In-Laws. The court held that where parties have settled and allegations are vague against relatives, continuation of proceedings is an abuse of process.

The applicants, including the husband and his relatives, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeki...

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Bombay High Court Allows Petition of Peon Penalized for Turning Hostile in Criminal Trial, Holds That Hostility in Court Cannot Be Ground for Disciplinary Action. Witnesses Are Not Bound to Adhere to Previous Statements, and Penalty of Reduction to Minimum Pay Scale Permanently Set Aside.

The petitioner, Abdul Rauf Mohammed Khaja, was employed as a Peon (Watchman) in the Collector Office, Nanded. Disciplinary proceedings were initiated ...