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Bombay High Court Allows Revision Application and Discharges Accused in Corruption Case Due to Lack of Sanction for Prosecution. The court held that sanction under Section 19 of the Prevention of Corruption Act, 1988 is mandatory for prosecuting a public servant, and its absence vitiates the proceedings.

The case involves a criminal revision application filed by Sunil Achyutrao Thete, who was charged with offences under Sections 7, 12, 15, 13(1)(d) rea...

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Bombay High Court Allows Writ Petition Challenging Rejection of SVLDRS Declaration Due to Procedural Irregularity. Rule 6(2) proviso requiring pre-deposit of 50% of disputed tax before filing declaration under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 read down as directory, not mandatory.

The petitioner, Nabeel Construction Pvt. Ltd., engaged in construction services, was subjected to an investigation by the Directorate General of GST I...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below. Plaintiff failed to prove joint family property and possession within limitation under Hindu Succession Act, 1956.

The case involves a second appeal filed by the plaintiffs, who were the widow and daughters of Daulatram, against the dismissal of their suit for part...

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Bombay High Court Dismisses Appeal Against Setting Aside of Consent Decree in Property Suit. Consent Decree Obtained by Fraud and Misrepresentation, Not Binding on Co-operative Society and Its Members.

The appeal arises from a long-standing property dispute. The appellant, Time Field Corporation, a partnership firm, filed a suit in 1978 against Shri ...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests.

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production ...

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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...