Search Results for "bonafide prosecution"

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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Bonafide Requirement of Landlord Upheld. Tenant's Claim of Availability of Alternate Premises Rejected as Landlord Cannot Be Compelled to Use Residential Premises for Commercial Purpose Under Maharashtra Rent Control Act.

The case involves a Civil Revision Application filed by the defendant-tenant (Parshuram Chunilal Kanojiya) challenging the eviction decree passed by t...

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Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

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Bombay High Court Allows Landlord's Writ Petition in Eviction Suit — Reverses Appellate Court's Dismissal for Non-Prosecution. Landlord's Bonafide Need for Suit Block Established; Tenant's Irregular Rent Payment Proved.

The petitioner, Abdul Gani, was the plaintiff in Regular Civil Suit No. 195/2013 seeking eviction of the respondent-tenant, Dilip Gopaldas Duwani, fro...

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Bombay High Court Upholds Life Conviction for Rape of Minor Sister-in-law Under POCSO Act and IPC. Accused's repeated sexual assault on 17-year-old victim resulting in pregnancy proved beyond reasonable doubt by consistent testimony and medical evidence.

The appellant, Amol @ Ratan Pralhadrao Tayade, was convicted by the Additional Sessions Judge, Akola, for offences under Section 4 of the Protection o...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Lack of Evidence. Circumstantial Evidence Found Insufficient to Prove Guilt Beyond Reasonable Doubt Under Sections 302, 201 read with 34 IPC.

The State of Maharashtra filed an appeal against the judgment and order dated 29/04/1999 passed by the IInd Additional Sessions Judge, Satara in Sessi...

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Bombay High Court Allows Winding Up Petition Against Varun Global Limited for Non-Payment of Loan Debt. Life Insurance Corporation of India Succeeds in Proving Company's Inability to Pay Debts Under Sections 433(e) and 434 of the Companies Act, 1956.

The petitioner, Life Insurance Corporation of India (LIC), filed a company petition under Sections 433(e) and 434 of the Companies Act, 1956, seeking ...

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Bombay High Court Examines Constitutionality of National Investigation Agency Act, 2008, in Malegaon Blast Case. Petitioners Challenged Legislative Competence and Transfer of Investigation Without State Consent, Arguing Encroachment on State Police Powers.

The matter arose from two criminal writ petitions filed in the Bombay High Court challenging the constitutional validity of the National Investigation...

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Bombay High Court Acquits Police Constable in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, a police constable, was convicted by the Special Judge, Kolhapur, for demanding and accepting a bribe of Rs. 5,000 from Bipin Yeshwant ...