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Bombay High Court Quashes Externment Order Against Petitioner in Maharashtra Police Act Case — Failure to Consider Less Drastic Measures and Inadequate Material. Externment Order Set Aside as Authorities Did Not Apply Mind to Alternative Remedies Under Section 56 of the Maharashtra Police Act, 1951.

The petitioner, Mr. Akbar Jamil Khan, challenged an externment order dated 26/11/2020 passed by the Deputy Commissioner of Police, Zone-2, Mumbai, und...

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Bombay High Court Acquits Appellant in Abetment of Suicide Case Due to Lack of Proximate Link Between Cruelty and Suicide. Conviction under Sections 306 and 498-A IPC Set Aside as Evidence of Harassment Did Not Establish Mens Rea for Abetment.

The appellant, Rajendra Virappa Telia @ Mangnure, was convicted by the Additional Sessions Judge, Gandhinglaj, for offences under Sections 306 and 498...

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Bombay High Court Allows Accused's Petition in NDPS Act Case — Default Bail Granted Under Section 167(2) CrPC. Right to default bail cannot be defeated by seeking police custody for Section 27 discovery after charge sheet period expires.

The petitioner, Swapnil Gaikwad, was arrested in connection with an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)....

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case Due to Lack of Evidence of Cruelty or Abetment. Presumption under Section 113A Evidence Act not automatically invoked as prosecution failed to prove harassment soon before death.

The State of Maharashtra appealed against the acquittal of Santosh @ Krushnadeo Yogiraj Kapse (A-1) and Yashodabai Yogiraj Kapse (A-2) by the 1st Ad-h...

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Bombay High Court Allows Remand for Maintenance Claim Under Domestic Violence Act — Lower Courts Failed to Consider Section 20(3) Relief Despite Marriage Annulment. The court held that the failure to decide the maintenance claim necessitated a remand to the Magistrate for fresh consideration.

The petitioner, Mrs. Jovita Olga Ignesia Mascarenhas e Coutinho, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1...

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Bombay High Court Dismisses Wife's Petition Challenging Husband's Right to Enter Matrimonial Home Under Domestic Violence Act. Shared Residence Ordered for Both Spouses in Large Matrimonial Home Comprising Multiple Flats.

The petitioner-wife challenged a part of the order of the learned Judge, 2nd Family Court, Mumbai, dated 15th June 2010, which did not restrain the re...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Cruelty and Abetment. Conviction under Sections 498-A and 306 IPC set aside as prosecution failed to prove demand of dowry or instigation to commit suicide.

The case involves two appeals: Criminal Appeal No. 651 of 1990 filed by the accused (appellants) against their conviction under Sections 498-A and 306...