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High Court of Bombay Allows Landlord's Writ Petition on Summoning of Document in R.A.E. Suit, Sets Aside Trial Court's Inconsistent Order. The Court Clarifies That Marking of Documents Does Not Amount to Proof, and Private Documents Must Generally Be Proved by Their Author, but Documents May Be Marked Provisionally to Enable Appellate Review....

The litigation arose from a rent control eviction suit (R.A.E. Suit No. 467/767 of 2005) filed by the landlord (M/s. J. M. Constructions, as lessor) against the lessees (M/s. Shamrock Impex Pvt. Ltd. ...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Lack of Proof of Intention. Conviction under Section 302 IPC Set Aside as Death Caused by Single Blow Without Premeditation, Offence Reduced to Culpable Homicide Not Amounting to Murder....

The appellant, Deepak Namdeo Zate, was convicted by the Additional Sessions Judge, Jalna, for the murder of his wife Balabai under Section 302 IPC and sentenced to life imprisonment. The prosecution c...

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Bombay High Court Upholds Striking Out of Defence for Non-Payment of Interim Maintenance in DV Act Case. Failure to Pay Maintenance Justifies Coercive Measure Under Section 23 of Protection of Women from Domestic Violence Act, 2005....

The petitioner, Girish Vijaysingh Pardeshi, challenged an order dated 31/03/2018 passed by the learned Judicial Magistrate First Class, Court No. 7, Jalgaon, in PWDV No. 147/2015, whereby his defence ...

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High Court of Karnataka Quashes Condition Imposed by IDBI Bank in Debt Restructuring — Unilateral Imposition of Prepayment Premium Without Contractual Basis Held Arbitrary. Writ of Certiorari Granted Against Condition Requiring Payment of Prepayment Premium on Premature Repayment of Loan Under Master Restructuring Agreement....

The petitioners, United Spirits Limited and USL Benefit Trust, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging a condition imposed by respondent No.1, IDBI Ban...

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High Court of Karnataka Dismisses Writ Petition Challenging Debt Recovery Appellate Tribunal Order in Securitisation Application Matter. Maintainability of Appeal Under Section 18 of SARFAESI Act Against Interim Orders of Debts Recovery Tribunal Upheld....

The petitioner, Trishul Developers, a partnership firm, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 16.04.2019 passed by the Debt Recovery Appellate...

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High Court of Karnataka Allows Writ Petition Against DRAT Order in SARFAESI Act Case — Appeal Under Section 18 Held Maintainable Despite Availability of Civil Suit. Statutory Remedy Under SARFAESI Act Cannot Be Ousted by Alternative Remedy of Civil Suit....

The petitioner, Trishul Developers, a partnership firm, had availed a loan from L & T Housing Finance Limited (respondent No.1). Upon default, the respondent initiated proceedings under the Securitisa...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance of Section 50 — Search of Bag Not Covered Under Mandatory Procedure. The court held that Section 50 of the NDPS Act applies only to personal search, not to search of a bag, and thus the conviction was set aside....

The appellants, Rehanabi Sheikh Atiq and Sheikh Sohel Sheikh Atiq, were convicted by the Additional Sessions Judge, Wardha in Special (NDPS) Case 2/2012 for an offence under Section 20(b)(ii)(B) of th...

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Bombay High Court Acquits Accused in POCSO Case Due to Consensual Relationship and Lack of Evidence of Promise to Marry. Conviction under Section 376(2)(i)(n) IPC and POCSO Act set aside as prosecutrix was a consenting minor and no false promise of marriage established....

The appellant, Prashant Ramchandra Kasarkar, was convicted by the Additional Sessions Judge-3, Yavatmal in Special (POCSO) Case 63/2017 for offences under Section 376(2)(i)(n) of the Indian Penal Code...

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Bombay High Court Upholds Conviction of Bridegroom for Culpable Homicide in Wedding Feast Stabbing. Sudden Quarrel Over Kadhi Serving Reduces Murder Charge to Section 304 Part I IPC....

The appellant, Kalicharan Baburao Awathe, was convicted by the Sessions Judge, Nagpur, for an offence punishable under Section 304 Part I of the Indian Penal Code (IPC) for causing the death of Deepak...