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Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case — Demand for Bribe Not Proved. Acquittal of Head Constable under Section 161 IPC and Section 5(1)(d) read with 5(2) of Prevention of Corruption Act, 1947 Upheld Due to Inconsistent Evidence.

The State of Maharashtra appealed against the judgment and order dated 23/3/1990 passed by the Special Judge, Sangli in Special Case No.8 of 1986, whe...

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Bombay High Court Dismisses Petition Challenging Land Acquisition Award Under Section 11A of Land Acquisition Act, 1894. Section 11A Held Inapplicable to Declarations Made Before Its Insertion, Award Not Invalid for Delay.

The petitioners, owners of land Survey No.129 Hissa No.2 at village Jambhe, challenged the validity of the Award dated 31st October, 1992, under Secti...

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Bombay High Court Upholds Conviction for Murder Based on Eye Witness Testimony and Dying Declaration. Accused convicted under Section 302 IPC for stabbing deceased following a dispute over loan distribution in a community meeting.

The appellant, Sanjay Jaywant Kamble, was convicted by the IIIrd Additional Sessions Judge, Raigad, under Section 302 of the Indian Penal Code for the...

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Bombay High Court Dismisses Suit for Non-Compliance with Section 69 of Indian Partnership Act and Bar of Res Judicata. Suit by unregistered partnership firm held not maintainable; subsequent suit for same cause of action without withdrawing earlier suit also barred.

The plaintiff, Jayesh Pandya, a real estate broker, conducted business under the name 'Pandya & Shah Associates', which was an unregistered partnershi...

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Bombay High Court Dismisses Petitions Challenging Tender Cancellation and Re-Tender for Lease of Land for Hotel Development. MHADA's decision to cancel tender and invite fresh bids upheld as valid exercise of administrative discretion, not arbitrary or mala fide.

The Mumbai Housing and Area Development Board (MHADA) owned a plot of land in Powai, Mumbai, and invited tenders in November 2004 for a 90-year lease ...

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Bombay High Court Quashes Stay Order in Income Tax Dispute — Directs Fresh Consideration of Stay Application on Merits. Revenue directed to pass a reasoned order on the stay application after hearing the assessee, considering the strong prima facie case and financial hardship.

The petitioner, HDFC Bank Limited, challenged an order dated 18 March 2013 passed by the Assistant Commissioner of Income Tax - 2(3), Mumbai, which di...

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Bombay High Court Upholds Conviction of Step-father for Murder of Step-son Based on Circumstantial Evidence. Conviction under Sections 302 and 201 IPC sustained as prosecution established motive, last seen, recovery of incriminating articles, and medical evidence.

The appellant, Sikandar alias Raju Vajir Inamdar, was convicted by the II Ad-hoc Additional Sessions Judge, Pune, for the murder of his step-son Jayku...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act, 1961 for Venture Capital Fund — No Failure to Disclose Material Facts. Reopening Based on Mere Change of Opinion on Applicability of Section 10(23FB) Exemption is Invalid.

The petitioner, DHFL Venture Capital Fund, is a trust registered as a venture capital fund under SEBI (Venture Capital Fund) Regulations, 1996. It fil...