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Supreme Court Upholds Conviction of Appellant in Murder Case Based on Injured Eyewitness Testimony. Sole Testimony of Injured Eyewitness Sufficient for Conviction Under Section 304 Part II/34 IPC When Credible and Reliable.

The case pertains to an incident on 18th June, 1995, during a Jagjit Singh night program in Nainital, where the deceased Rajesh Sah intervened when so...

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Bombay High Court Quashes FIR in Abetment of Suicide Case Due to Absence of Instigation or Proximate Link. Allegations of harassment for loan repayment do not constitute abetment under Section 306 IPC as there was no direct instigation or active role in driving the deceased to suicide.

The judgment pertains to a criminal writ petition and two criminal applications filed before the Bombay High Court, Nagpur Bench, seeking quashing of ...

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Bombay High Court Allows Husband's Revision in Domestic Violence Case, Sets Aside Appellate Order for Non-Compliance with Limitation. Customary Divorce and Acceptance of Lumpsum Alimony Barred Wife's Claim for Maintenance Under D.V. Act.

The case involves a criminal revision application filed by the husband against the order of the Additional Sessions Judge, Basmathnagar, which allowed...

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Bombay High Court Dismisses Husband's Revision, Upholds Enhanced Maintenance Under DV Act for Wife and Minor Son. Maintenance of Rs. 16,000/- per month for wife and Rs. 2,500/- per month for minor son upheld as just and proper considering husband's income and needs.

The case involves a criminal revision application filed by the husband (applicant) challenging the judgment and order dated 17.11.2021 passed by the l...

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Bombay High Court Quashes Charges Against School Secretary and Coordinator Under POCSO Act for Failure to Report Sexual Offences — Lack of Knowledge of Offence Precludes Liability Under Section 21 POCSO Act and Section 75 JJ Act.

The case involves three criminal applications filed by Kishor Sureshchandra Darda (Secretary of Jawaharlal Darda Education Society) and Tasnim Jafaral...

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Bombay High Court Quashes Eviction Order Under Senior Citizens Act — Tribunal Cannot Order Eviction Under Section 5 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Remedy of eviction is not provided under the Act; only maintenance and protection can be ordered.

The petitioners, son and daughter-in-law of respondents 2 and 3, challenged an order dated 21.01.2020 passed by the Tribunal constituted under Section...

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Bombay High Court Acquits Appellants in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 376(1), 341, 506, 109 IPC and Sections 4, 12, 17 POCSO Act set aside as victim's testimony was unreliable and medical evidence did not support rape.

The appellants, Kisan Damaji Naik and Ramesh Abidas Vasave, were convicted by the Sessions Judge, Nandurbar, in Sessions Case No. 01/2018 for offences...

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Bombay High Court Dismisses Appeal by Union of India Against Acquittal in Customs Gold Smuggling Case. Failure to Examine Material Witnesses and Prove Smuggled Origin of Gold Leads to Upholding of Acquittal Under Customs Act, 1962.

The case involves an appeal by the Union of India against the acquittal of the respondent-accused for offences under the Customs Act, 1962 and the Imp...

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Bombay High Court Dismisses Petition Challenging Eviction Order Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Children Cannot Invoke Act Against Parent. The Act is designed for maintenance and welfare of senior citizens, not for children to seek eviction of their father.

The petitioners, Mrs. Nayana Sudhir Shah (wife of respondent No.1) and their major children, filed a Writ Petition under Article 227 of the Constituti...