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Bombay High Court Quashes Criminal Proceedings Against Student in Forgery Case Due to Lack of Evidence and Malicious Prosecution. The court held that the complaint under Sections 417, 420, 464, 466, 468, 471, 474 IPC did not disclose any offence against the petitioner and was filed with malafide intent.

The petitioner, Harshkumar Khare, a student pursuing M.E. and preparing for UPSC exams, filed a Criminal Writ Petition under Articles 226 and 227 of t...

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Bombay High Court Allows Husband's Appeal in Restitution of Conjugal Rights Case — Wife's Refusal Without Reasonable Excuse. Filing of Divorce Petition by Wife Does Not Constitute Reasonable Excuse Under Section 9 of Hindu Marriage Act, 1955.

The case involves a second appeal filed by the husband (original respondent) against the judgment of the District Court, Dhule, which reversed the tri...

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Bombay High Court Allows Second Appeal in Adoption Dispute — Invalidates Adoption for Non-Compliance with Hindu Adoption and Maintenance Act, 1956. Adoption of a married person above 15 years and age gap less than 21 years violates Sections 10 and 11 of the Act.

The appellant, Hanmant Laxman Salunke (since deceased, represented by his heirs), filed a second appeal challenging the concurrent findings of the tri...

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Bombay High Court Upholds Conviction of Husband and In-laws for Cruelty to Wife Under Section 498-A IPC. Evidence of Demand for Motorcycle and Harassment for Dowry Sufficient to Sustain Conviction Despite Acquittal of Co-accused.

The case involves an appeal against the conviction of three appellants (husband, mother-in-law, and father-in-law) under Section 498-A read with Secti...

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Bombay High Court Allows Transfer of Headmaster from Unaided to Aided School Despite Surplus Teacher Claim. Management's Right to Fill Vacancy by Transfer Not Barred by Rule 41 of MEPS Rules, 1981.

The petitioners, Prerna Shikshan Mandal and the Head Master of Samrat Ashok Vocational Junior College, filed a writ petition against the State of Maha...

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Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

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Bombay High Court Upholds Eviction of Multinational Company in Rent Control Case. Section 3(1)(b) of Maharashtra Rent Control Act, 1999 exempts premises let to multinational companies from protection of the Act, and concurrent findings of fact are not interfered with under Section 115 CPC.

The applicant, Eloff Hansson (India) Pvt. Ltd., was a tenant in office premises in Mumbai. The respondents, landlords, terminated the tenancy in 1993 ...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...

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Bombay High Court Dismisses Petition Seeking Promotion with Retrospective Effect Due to Delay and Laches. Petitioner's claim for promotion from 1994 denied as original application filed in 2004 was barred by delay and laches.

The petitioner, Malojirao B. Bhosale, filed a writ petition challenging the judgment and order dated 1 October 2004 of the Maharashtra Administrative ...