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Landmark Judgments and Articles on Law

Could prosecution against the accused under NDPS Act be vitiated if police fail to comply S 42 of NDPS Act?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1154 OF 2004 The State of Maharashtra ..Appellant V/s. 1 Suabai Narhari Babar Age about 55 years, R/o Shirpur, Tal Malshiras,Dist:- Solapur 2 Jalindar Appasaheb Dhere Age about 47 years, Occ: Advocate…

Death within 7 years of marriage, cannot be presumed to be Abetment of suicide by husband

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.95 OF 2004 State of Maharashtra ….Appellant/Complainant V/s. 1. Dr. Umakant Laxman Biraris, 28 yrs., R/o. Pale Budruk, Taluka – Kalwan 2. Laxman Shamrao Biraris, 51 yrs., R/o. Balhane, Taluka – Sakri,…

Without specific evidence Family members should not be dragged in S.498-A IPC else it can be misused as a weapon

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.693 OF 2004 The State of Maharashtra (Through Shahapur Police Station ….Appellant/Complainant V/s. 1. Ashok @ Ramchandra Bhikaji Wagh, Age 35 years, R/at. Shivajinagar, Raikarpada,Vasind, Taluka – Shahapur 2. Kisan Bhikaji Wagh,…

Whether Appellate Court should consider Double Presumption of Innocence while deciding Appeal against Acquittal?

In the High Court of Bombay (Before K.R. Shriram, J.) State of Maharashtra vS. Shivaji Haribhau Jirase Criminal Appeal No. 424 of 1996 Decided on November 11, 2019 Citation: 2019 SCC ONLINE Bom 4130 The Judgment of the Court was delivered by K.R. Shriram, J.:—…

Whether magistrate can acquit accused U/S 256 of of CrPC if Complainant remains absent?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPEAL NO.450 OF 2003 M/s Kothari Enterprises, V/s. M/s Dharendra Agro Food IndustriesLtd., CORAM : K.R.SHRIRAM, J. DATE : 27th NOVEMBER 2019 1 This appeal is filed under Section 378 (4) of the…

Coming home late, eating out is not comes under IPC 498A as Cruelty

IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL APPEAL NO. 450 OF 1997 The State of Maharashtra ) ..Appellant Vs. 1 Anil Kurkotti )35 years ) 2 Virbhadrappa Sidramappa Kurkoti )61 years ) 3 Kamlabai Virbhadrappa Kurkoti )55 years )…

Whether Indian courts can recognize judgment and order of conviction of a foreign Court?

In the High Court of Bombay Civil Appellate Jurisdiction (Before B.R. Gavai, K.R. Shriram and B.P. Colabawalla, JJ.) Prabodh K. Mehta v. Charuben K. Mehta First Appeal No. 922 of 2013 In Charity Application No. 10 of 2013 Decided on March 1, 2018, Citation:2018 SCC…

How to ascertain jurisdiction of court in case of execution of arbitral award?

IN THE HIGH COURT OF BOMBAY Chamber Summons No. 1132 of 2014 in Execution Application No. 156 of 2015 Decided On: 07.06.2017 Shree Harivansh Securities Pvt. Ltd. Vs. Nikko Stock Broker Pvt. Ltd. and Ors. Hon’ble Judges/Coram: K.R. Shriram, J. Citation: 2018(1) MHLJ374 CHAMBER SUMMONS…

Whether court can allow amendment of pleading for adding better particulars and additional documents?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1791 OF 2011 IN SUIT NO. 119 OF 2001 M/s. R.K. Patel Engineers & Contractors Pvt. Ltd. A Private Limited Company incorporated under the Companies Act, 1956, having its Registered…

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