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High Court of Judicature at Bombay Examines Whether Conviction Under Sections 376 and 354 IPC and Section 4 POCSO Act Is Sustainable on Evidence of Attempted Penetration. Court Considers Requirement of Penetration for Rape and Impact of Delayed FIR and Prior Opportunities to Complain.

The present appeal arose from the conviction of the appellant, Siddharth Dagadu Sonde, by the learned Special Judge, Pune, in Special Child Sessions C...

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Bombay High Court Dismisses Insurer's Writ Petition Against Insurance Ombudsman Award in Life Insurance Claim. Non-Disclosure of Pre-Existing Ailments Not Proven to be Material Under Section 45 of Insurance Act, 1938.

The petitioner, Aditya Birla Sun Life Insurance Co. Ltd., challenged an award dated 31 December 2020 passed by the Insurance Ombudsman, Goa/Mumbai Met...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Dismissal of Suit for Possession. Partition Deed of 1951 Held Not Proved, and Plaintiffs Failed to Establish Title and Possession Over Suit House.

The case involves a property dispute between two branches of the Lohi family. The plaintiffs, sons and daughter of late Sheshrao Lohi, filed a suit fo...

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Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside for Ignoring Compromise Decree. Plaintiff's Sale Deed Upheld as Valid Despite Prior Partition, as Compromise Decree Confirmed Shankar's Half Share and Right to Sell.

The appellant, Dagdu Rangnath Shingan, filed a second appeal challenging the concurrent findings of the trial court and first appellate court which di...

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Bombay High Court Upholds Conviction of Company and Directors in Cheque Dishonour Case Under Section 138 r/w 141 of Negotiable Instruments Act, 1881. Directors' Claim of Not Being In Charge of Business at Time of Cheque Issuance Fails to Rebut Presumption of Liability Under Section 141.

The case involves a criminal revision application filed by M/s. Jaimin Jewelery Exports Pvt. Ltd. (Accused No.1) and its directors, Gautam Mehta (Accu...

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Bombay High Court Acquits Accused in Murder Case Based on Circumstantial Evidence — Failure to Prove Chain of Circumstances Beyond Reasonable Doubt. Conviction under Sections 302, 201, 120-B, 203 IPC Set Aside Due to Lack of Motive and Incomplete Circumstantial Evidence.

The appellant, Dinesh Thakare, was convicted by the Sessions Court, Chandrapur, for the murder of his wife Harsha under Sections 302, 201, 120-B and 2...

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Bombay High Court Dismisses Application for Additional Evidence in Appeal Against Order Refusing Revocation of Administrator. Order XLI Rule 27 CPC requires strict proof of due diligence for admitting additional evidence at appellate stage.

The case involves a Chamber Summons taken out by Ferani Hotels Pvt. Ltd. (the appellant) under Order XLI, Rule 27 of the Code of Civil Procedure, 1908...

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WRIT PETITION (ST) NO. 1338 OF 2020

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