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Bombay High Court Allows Student's Discharge in Caste Certificate Fraud Case — Lack of Mens Rea and No Evidence of Petitioner's Involvement in Fabrication of Documents. Court Quashes Criminal Proceedings Under Section 11 of Maharashtra Caste Certificate Act, 2000 and Sections 420, 468, 471 IPC.

The petitioner, Ms. Safa Khwaja Shaikh, a 21-year-old student, took admission for a Diploma in Information Technology at A G Patil Polytechnic Institu...

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High Court of Bombay at Goa Allows Revision Application and Discharges Accused in Murder and Robbery Case. Court holds that mere suspicion, not grave suspicion, is insufficient to frame charges under Sections 302 and 392 IPC read with Section 34 IPC.

The revision applicant, Tika Bahadur Bhandari, challenged an order dated 18/06/2015 passed by the Sessions Judge, Panaji in Sessions Case No.19/2012, ...

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Bombay High Court Allows Revision and Discharges Accused in Murder and Robbery Case Due to Lack of Prima Facie Evidence. Mere presence at scene and recovery of mobile phone insufficient to frame charges under Sections 302 and 392 IPC read with Section 34 IPC.

The revision applicant, Tika Bahadur Bhandari, was an accused in Sessions Case No.19/2012 before the Sessions Judge, Panaji, for offences punishable u...

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High Court of Bombay at Goa Quashes Charges Under SC/ST Act for Lack of Public View Element in Caste-Based Insult Allegation. Offence under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 requires insult to be in public view, which was absent as incident occurred inside a house.

This judgment arises from a criminal revision application filed by three applicants (original accused) challenging an order dated 07/09/2015 passed by...

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Gujarat High Court Upholds Acquittal in Murder Case Due to Lack of Homicidal Death Evidence. Court holds that prosecution failed to prove homicidal death beyond reasonable doubt, as medical evidence and circumstances were consistent with suicide.

The State of Gujarat appealed against the judgment and order of the learned Additional Sessions Judge, Junagadh, dated 29.04.2004, in Sessions Case No...

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Bombay High Court Quashes Order of Special CBI Court Refusing Discharge of Corporate Debtor Under Section 32A of IBC. Section 32A(1)(a) of Insolvency and Bankruptcy Code, 2016 Grants Immunity to Corporate Debtor for Pre-CIRP Offences Upon Approval of Resolution Plan, Irrespective of Pending Appeals.

The case arose from two writ petitions filed under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Full Back Wages for Dismissed Temporary Employee — Dismissal Without Enquiry Violates Natural Justice.

The petitioners, the Principal of Industrial Training Institute, Khamgaon and the Deputy Director of Vocational Education and Training, challenged the...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Circumstantial Links. Conviction under Sections 302, 392, 201 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellants, Anandrao @ Anil Baban Kharade and Vijay Hiraman Bahare, were convicted by the adhoc Additional Sessions Judge, Greater Bombay at Sewre...