Search Results for "Section 108"

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High Court Quashes Show Cause Notices in Tenancy Case Due to 33-Year Delay and Land Conversion -- Proceedings Under Bombay Tenancy Act Barred When Land Converted to Non-Agricultural Use

The petitioners challenged show cause notices issued under Section 84C of the Bombay Tenancy and Agricultural Land Act, 1948 regarding land transactio...

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Court Overturns Scheduled Tribe Certificate Rejection, Validates 'Tokre Koli' Identity. High Court rules in favor of petitioner, emphasizing the probative value of pre-constitutional records in validating tribal identity.

The petitioner challenged the decision of the Scheduled Tribe Certificate Scrutiny Committee, which refused to validate her 'Tokre Koli' scheduled tri...

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Bombay High Court Upholds Conviction for Murder and Kidnapping Based on Circumstantial Evidence and Last Seen Theory. The court held that the failure of the appellants to explain the death of the deceased after being last seen together led to an inference of guilt under Section 106 of the Evidence Act.

The appellants, Santosh Tanbaji Durge and Raju @ Rajesh Vasanta Gudapwar, were convicted by the trial court for offences under Sections 364, 302, and ...

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Bombay High Court Upholds Acquittal in NDPS Case Due to Lack of Conscious Possession. Customs Department Failed to Prove Possession of Contraband by Employees in Open Godown.

The appeal was filed by the Assistant Collector of Customs against the acquittal of the respondents for offences under Sections 29, 21 read with Secti...

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Bombay High Court Allows Discharge of Applicants in Kidnapping and Theft Case Due to Lack of Prima Facie Evidence. Mere Presence Without Overt Act or Common Intention Does Not Sustain Charges Under Sections 363, 380, 34 IPC.

The applicants, Manikrao Kale, Meher Kale, and Manish Muley, filed an application under Section 482 of the Code of Criminal Procedure, 1973, challengi...

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Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Lack of Proximity and Non-Application of Mind. Detention orders set aside as the detenus were not directly involved in smuggling and the detaining authority failed to consider less drastic alternatives.

The Bombay High Court, by a judgment dated 24 January 2014, allowed two criminal writ petitions challenging preventive detention orders passed under S...

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Bombay High Court Upholds Eviction Decree Against Tenant for Change of User from Residential to Commercial. Tenant's Use of Premises for Storing Cloth Packages and Business Constitutes Change of User Under Rent Control Legislation.

The case involves a Civil Revision Application filed by the original defendants (tenants) challenging the judgment and decree of the lower Appellate C...