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Bombay High Court Allows State's Petition Challenging NCLT Order De-freezing MPID Attached Accounts. MPID Act Overrides IBC for Attachment and Confiscation of Properties of Financial Establishments.

The State of Maharashtra, through the Deputy Collector and Competent Authority (NSEL), filed a writ petition under Articles 226 and 227 of the Constit...

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Bombay High Court Dismisses State's Appeals Against Acquittal for Murder and Enhancement of Sentence in Dowry Death Case. Conviction for Cruelty Under Section 498-A IPC Upheld as Prosecution Failed to Prove Abetment of Suicide Beyond Reasonable Doubt.

The case involves two appeals by the State of Maharashtra against a judgment of the 6th Additional Sessions Judge, Thane in Sessions Case No. 483 of 1...

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Bombay High Court Upholds Conviction for Simple Hurt in Rape Case Acquittal Appeal — Appellants Acquitted of Rape but Convicted Under Section 323 IPC for Assaulting Prosecutrix.

The appellants, Sonu Babu Pival and Kanta Sonu Pival, were convicted by the Sessions Judge, Pune on 14.8.1996 in Sessions Case No.379 of 1995. They we...

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Bombay High Court Upholds Conviction for Culpable Homicide Not Amounting to Murder in Family Dispute Over Water Rights. Appellant convicted under Section 304 Part-II IPC for causing death of niece by two stick blows on head during quarrel.

The appellant, Shaikh Chand, was convicted by the IInd Additional Sessions Judge, Aurangabad in Sessions Case No. 114 of 1996 for the offence punishab...

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Bombay High Court Dismisses Mother's Custody Petition for Minor Daughters Rescued from Brothel Under PITA. Custody of rescued minor victims under Immoral Traffic (Prevention) Act, 1956 vests with Child Welfare Committee for rehabilitation, not with biological mother, to prevent re-exploitation.

The petitioner, Smt. Babita, mother of two minor daughters aged 15 and 16, filed a Criminal Writ Petition challenging orders of the Judicial Magistrat...

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Bombay High Court Dismisses Writ Petition Challenging Striking of Election Petition Paragraphs in Municipal Election Dispute. Court upholds that vague allegations of corrupt practices without specific details of consent by the returned candidate are liable to be struck off under Order VI Rule 16 CPC.

The petitioner, Eknath Bayaji Gadkari, filed an election petition under Section 33(1) of the Mumbai Municipal Corporation Act, 1888, challenging the e...

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Bombay High Court Cancels Bail in NDPS Case — Commercial Quantity of Opium Determined by Total Weight, Not Morphine Content. The court held that the Special Judge erred in calculating morphine content to bring the quantity below the commercial threshold, and the bar under Section 37 of NDPS Act applies.

The Union of India filed an application for cancellation of bail granted to the respondents (original accused) by the Special Judge (NDPS Act), Pune, ...

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Bombay High Court Dismisses Criminal Applications Challenging Magistrate's Orders in Private Complaint Cases — Reiterates Limited Scope of Revision Against Interlocutory Orders Under Section 397 CrPC. Order Issuing Process Under Section 204 CrPC is Interlocutory and Not Subject to Revision.

The judgment involves multiple criminal applications filed before the Bombay High Court challenging orders passed by Magistrates issuing process again...