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Bombay High Court Allows Petition Challenging Minority Status Certificate Issued by Maharashtra State Minorities Commission — Matter Remanded for Fresh Consideration. The Court held that the Commission must pass a speaking order and consider objections before issuing a minority status certificate.

The Petitioner, Aniruddha A. Sheth, representing M/s. Akruti SMC Joint Venture, challenged the minority status certificate issued by the Maharashtra S...

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Bombay High Court Quashes Proceedings Against Teacher in Abetment of Suicide Case — No Prima Facie Case of Instigation or Abetment Established. Allegations of Harassment by Colleagues Not Sufficient to Attract Section 306 IPC Without Direct or Indirect Acts of Instigation.

The petitioner, Sanjay Kumar K. Shinde, was one of five accused in Sessions Case No.47 of 2012 pending before the Sessions Court at Nashik, charged wi...

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High Court of Karnataka Allows Appeal in NI Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

The appellant, M. Nagappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment and order of acq...

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SECOND APPEAL NO. 708 OF 2008

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Bombay High Court Acquits Accused in SC/ST Atrocities Case Due to Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(ix) of SC & ST (Prevention of Atrocities) Act, 1989.

The appellant, Madhukar Nanaji Dandge, was convicted by the Additional Sessions Judge, Yavatmal, in Special Complaint Case No.45/1997 for offences und...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Sections 118(a) and 139 of Negotiable Instruments Act, 1881 not rebutted by accused.

The appellant, Dr. Kailash Charkha, was the original complainant in Summary Criminal Case 160 of 2004 before the Judicial Magistrate First Class, Wash...

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Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

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Bombay High Court Dismisses Promoter's Appeal in RERA Delayed Possession Case, Upholds Allottees' Right to Interest. Section 18 of RERA Overrides Section 55 of Contract Act; Acceptance of Delayed Possession Does Not Waive Right to Compensation.

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against the judgment of the Maharashtra Real Estate Appellate T...

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High Court of Karnataka Quashes ESIC Complaint Against Director for Non-Payment of Contribution Under Section 85(A) of ESI Act — Complaint Filed Without Proper Sanction and Authorization. Director Cannot Be Held Vicariously Liable Without Specific Averment of Role in Day-to-Day Management.

The petitioner, Mr. Naseer Ahmed, a director of M/s Bombay Rayon Fashions Limited-Unit 16, filed a writ petition under Articles 226 and 227 of the Con...