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Bombay High Court Upholds Conviction of Appellant for Rape of Mentally Ill 60-Year-Old Woman Under Section 376 IPC. Evidence of Incapacitated Victim and DNA Report Sufficient to Prove Guilt Beyond Reasonable Doubt.

The appellant, Ajmat Shaha @ Ajju Tayyab Shaha, was convicted by the Additional Sessions Judge, Akot, District Akola, for the offence punishable under...

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Bombay High Court Dismisses Appellant's Second Appeals in Property Dispute Cases Due to Lack of Substantial Question of Law. Concurrent findings of fact by lower courts on encroachment and possession were upheld as not perverse under Section 100 of CPC, 1908.

The judgment pertains to two second appeals filed by the same appellant, Pandurang Dharma Gaikwad, against the respondent, Mahamudmuya Ahmadsaheb Pati...

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Bombay High Court Dismisses Petition Challenging Membership Grant to Flat Purchaser in Cooperative Housing Society. Section 23(2) of Maharashtra Cooperative Societies Act, 1960 mandates admission of purchaser as member upon transfer of share and interest in property.

The petitioner, Punam Cooperative Housing Society Ltd., challenged an order dated 31.3.2019 passed by the Divisional Joint Registrar, Cooperative Soci...

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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Trial Court's Dismissal of Suit for Want of Proof Restored. Remand by First Appellate Court Set Aside as It Failed to Consider That Plaintiff Did Not Prove Readiness and Willingness to Perform Contract.

The appellant, Subhadrabai Thakre, filed a suit for specific performance of an agreement of sale dated 28.3.2002, by which she agreed to purchase agri...

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Bombay High Court Allows Petition of Employee Denied Promotion to Junior Engineer Despite Diploma from UGC-Approved Institution. MCGM's Change in Eligibility Criteria Cannot Be Applied Retrospectively to Employee Who Was Permitted to Pursue Course.

The petitioner, Deepak Anant Sawant, joined MCGM as a Drainage Assistant in 1983 and was made permanent in 2002. In 2009, he sought and obtained permi...

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Bombay High Court Dismisses Petition Challenging Zilla Parishad's Decision to Add Higher Classes to Primary School. No Legal Right to Monopoly in Education Exists; Policy Decision of Local Body Not Subject to Judicial Review Unless Arbitrary or Malafide.

The petitioner, Ranojirao Shikshan Sanstha, a society registered under the Societies Registration Act, runs a high school and a primary school in Vill...

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Bombay High Court Dismisses Petition Challenging Refusal to Dismiss Suit Under Order IX Rule 5 CPC. Order IX Rule 5 CPC does not apply when summons were never issued to defendants, and the provision is directory, allowing court discretion to extend time for service.

The petitioner, Sanjay Madanchand Kashyap, who was defendant no.1 in Special Civil Suit No.769 of 2012, filed a writ petition challenging the order da...