CHANDRASHEKHAR, M. S. SONAK, RAVINDRA V. GHUGE, A. S. GADKARI, B. P. COLABAWALLA
High Court of Judicature at Bombay on its own motion – Appellant
Versus
Nilesh C. Ojha – Respondent
JUDGMENT
Chandrashekhar, CJ.—
Interim Application No.3297 of 2025
Before we proceed to deal with this Interim Application, it is necessary to have in mind the background in which Criminal Suo Motu Contempt Petition No.1 of 2025 was instituted against the applicant-contemnor. On 1st April 2025, the applicant-contemnor, namely, Nilesh C. Ojha held a press conference and made a statement that one of the judges (hereinafter, referred to as “X”) constituting the Division Bench was disqualified from hearing the case because her sister was an accused in the First Information Report filed by his client. That press conference was held by him in connection to Criminal Writ Petition No. 1612 of 2025 filed by Mr Satish Salian seeking an inquiry by the Central Bureau of Investigation into the incident of the death of his daughter in suspicious circumstances. The said writ petition was listed for hearing at serial no.15 on 2nd April 2025 before a Division Bench of this Court sitting in Court No.43 comprising of “X” and another Judge of this Court. The applicant-contemnor mentioned the matter in Court No.43 and apprised the Bench that the subject-jurisdiction of Criminal Writ Petition No.1612 of 2
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Rustom Cavasjee, Rustom Cavasjee Cooper v. UOI
Sanjiv Datta, Deputy Secretary, Ministry of Information and Broadcasting
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The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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