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High Court of Bombay at Goa Allows Petition Under Article 227 and Section 482 CrPC Against Rejection of Application Under Section 145(2) of Negotiable Instruments Act — Right to Cross-Examine Complainant's Witnesses Cannot Be Denied

The petitioner, Kishor Biradmal Bhandari, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of...

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Bombay High Court Hears State's Appeal Against Acquittal in Murder Case Involving Political Rivalry. The Court Abates the Appeal Against Three Deceased Accused and Considers the Entire Evidence for Remaining Accused under Sections 302, 307, 149, 148 of the Indian Penal Code, 1860.

The matter arose from a political rivalry in village Kumbhari following the 1994 Panchayat elections. The deceased Mahavir Survase and the main accuse...

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High Court of Bombay Decides Appeals of Six Convicted Accused in Murder Conspiracy Case Under Sections 302, 120-B IPC and Arms Act. Accused, Convicted for Hiring Killers to Murder Political Rival, Challenge Trial Court's Reliance on Eye Witnesses and Circumstantial Evidence.

The case involves criminal appeals arising from Sessions Case No. 44/2011 decided by the Additional Sessions Judge, Ahmednagar. The appellants, origin...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Overrules Res Judicata Objection in Admiralty Limitation Suit; Prior Withdrawal of Application Before Chinese Court Does Not Bar Fresh Suit Under Code of Civil Procedure, 1908.

The dispute arose from a voyage of the vessel M.V. YURIY ARSHENEVSKIY, owned by Murmansk Shipping Company, a Russian entity, which was chartered to ca...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Absence of Public Witness. Conviction under Section 302 IPC Set Aside as Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt.

The appellant, Prasada Sudhakar Kulkarni, was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of the victim. The prose...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...