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High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. The court held that the driver of the Tata 407 was negligent in overtaking, contributing 50% to the accident, and reduced the insurer's liability accordingly....

The case arises from a motor accident that occurred on 22.05.2012 involving a Tata 407 vehicle (MH-27/C-230) and an autorikshaw (MH-27/C-6242). The accident resulted in the death of Mangala and Nilesh...

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High Court of Bombay at Goa Frames Substantial Questions in Second Appeal Concerning Neighbour's Right to Seek Demolition for Setback Violation. Dispute Pertained to Compliance with Order VII Rule 3 CPC and Sections 38-39 of Specific Relief Act, 1963, with Trial Court Granting Decree and First Appellate Court Reversing It....

The dispute arose from Regular Civil Suit No. 153/2004/II filed by the appellant, Benedito Souza, against respondent Nos. 1 and 2, Caetano Rosario Estibeiro and Fatima Estibeiro, and respondent No. 3,...

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Bombay High Court Grants Bail to Accused in MCOCA Case for Lack of Prima Facie Evidence of Conspiracy and Organised Crime. Applicant, one of four accused, charged under MCOCA and IPC for alleged conspiracy to murder, but court found no credible material linking him to the conspiracy or organised crime syndicate....

The applicant, Shri Girish Kumaran Nayar, was one of four accused in Crime No.574 of 2016 registered at Virar Police Station for offences under Sections 115, 302, 120B of the Indian Penal Code, 1860, ...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration and Weak Circumstantial Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Sanjay Namdeo Gaikwad, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his wife, Umabai, and sentenced to life imprisonment. The prosecution case was th...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholding Trial Court's Dismissal Due to Prior Partition and Wills. Properties Already Dealt With Under Prior Partition Deed (Ex.D-3) and Testamentary Succession (Ex.D-4, D-7) Leaving No Joint Family Property for Partition....

The litigation arose out of a suit for partition filed by the appellant, Smt. Jaywanthi K. Kapadia, who is one of the legal heirs of late A. Venilal. She claimed that the suit schedule properties were...

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High Court of Karnataka Quashes Sessions Court Order Under Section 311 Cr.PC for Lack of Jurisdiction After Case Posted for Judgment. Sessions Court Cannot Summon Witnesses Under Section 311 Cr.PC Once Matter Reserved for Judgment....

The petitioners, accused nos.1 to 3 in S.C.No.239/2017 pending before the I Addl. Sessions Judge, Kalaburagi, for offences punishable under Sections 302, 201 read with 34 IPC, challenged the order dat...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Identification. Identification of accused in darkness based on torchlight held insufficient to sustain conviction under Sections 302, 307, 147, 148, 149 IPC....

The State of Maharashtra appealed against the judgment of the Additional Sessions Judge-IV, Akola in Sessions Trial No. 35/2015 dated 05.03.2018, which acquitted all eight respondents of charges under...

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Bombay High Court Upholds Detention of Defendant for Willful Disobedience of Injunction in Partition Suit — Sale of Property After Service of Injunction Order Constitutes Contempt Under Order XXXIX Rule 2-A CPC....

The case arises from a partition suit filed by respondent no.1 (original plaintiff) seeking 1/5th share in suit property claimed to be joint family property purchased in 1966. The Trial Court granted ...

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Bombay High Court Allows Second Appeal in Lease Dispute Due to Improper Points for Determination and Violation of Evidence Act. Appellate Court's reliance on oral evidence despite requirement of written lease under Clause 4 of agreement dated 04/05/1977 held erroneous....

The case involves a second appeal arising from a suit for possession and mesne profits concerning a property in Mapusa, Goa. The appellants (defendants) are the legal heirs of the original tenant, Son...

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Bombay High Court Acquits Accused in Child Sexual Assault Case Due to Inconsistent Evidence and Delayed FIR. Conviction Under Section 354 IPC Set Aside as Prosecution Failed to Prove Outraging Modesty Beyond Reasonable Doubt....

The appellant, Sunil Raghunath Mhase, was convicted by the learned Sessions Judge, Thane, under Section 354 of the Indian Penal Code, 1860, for outraging the modesty of a 3.5-year-old girl. The incide...