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Bombay High Court Dismisses Husband's Petition to Stay Nullity Proceedings in Family Court — Stay of Civil Proceedings Not Automatic Despite Pending Criminal Case. The court held that mere embarrassment is not sufficient to stay civil proceedings; the petitioner must show serious prejudice....

The petitioner-husband filed a writ petition challenging the order of the Family Court, Pune dated 4 June 2016, which rejected his application under Section 10 read with Section 151 CPC to stay the pr...

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Bombay High Court Upholds Conviction of Accused for Murder Based on Circumstantial Evidence and Dismisses State Appeal Against Acquittal of Co-Accused. The court found that the prosecution established motive and last seen evidence against accused No. 1, but failed to prove common intention against accused No. 2 under Section 34 IPC....

The case involves two appeals arising from Sessions Case No. 165/2001. The deceased Bapu Mote was murdered on the night of 8/9 August 2001. Accused No. 1 Popat Tikhole, who had illicit relations with ...

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Bombay High Court Acquits Appellant in Rape Case Due to Unreliable Sole Testimony and Lack of Corroboration. Conviction Under Section 376(1) of Indian Penal Code Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt and Prosecutrix Testimony Found Not Confidence Inspiring....

The appeal arose from a conviction under section 376(1) of the Indian Penal Code for rape, where the appellant, the father-in-law of the prosecutrix, was sentenced to ten years rigorous imprisonment. ...

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Bombay High Court Dismisses Writ Petition Challenging Pre-deposit Condition for Property Tax Appeal. Condition of Full Tax Deposit Under Section 170(c) of Maharashtra Municipal Councils Act, 1965 Held Valid and Not Unconstitutional....

The petitioners, owners of properties within the jurisdiction of Municipal Councils of Hinganghat, Wardha, and Ballarpur, challenged the constitutional validity of Section 170(c) of the Maharashtra Mu...

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Bombay High Court Allows Second Appeal in Recovery Suit Based on Deposit Receipt, Holds Article 23 of Limitation Act Applies. Suit for recovery of money based on a deposit receipt executed in 1956 is governed by Article 23 of the Limitation Act, 1963, which prescribes limitation from the date of demand, not Article 113....

The present second appeal arises from a judgment and decree dated 25.04.2000 passed by the learned Additional District Judge, Amravati in Regular Civil Appeal No. 269/1993. The appellate court had all...

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Bombay High Court Allows Appeal in Motor Accident Claim for Permanent Disability and Loss of Earning Capacity. Compensation Enhanced from Rs. 1,50,000 to Rs. 3,00,000 Under Section 166 of Motor Vehicles Act, 1988 for Severe Injuries Sustained by Rider of Luna Moped....

The appellant, Kishor Thaokar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor vehicle accident on 3.10.1994. He was riding a Luna mop...

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Bombay High Court Allows Writ Petition Challenging Order to Pay Deficit Stamp Duty on MOU in Specific Performance Suit. MOU Not an Agreement of Sale Under Bombay Stamp Act, 1958 as No Consideration Paid or Possession Delivered....

The petitioners, M/s Dharati Developers and its partners, filed a suit for specific performance of a Memorandum of Understanding (MOU) dated 24th January 2011. The respondent No.2 filed an application...

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Bombay High Court Disposes of Writ Petitions Challenging Customs Restriction on Import of Colour Picture Tubes and Video Tape Deck Mechanisms. Court Examines Whether Public Notice No. 109/89 Dated 21 March 1989 Renders Imports Under Pre-Issued Additional Licences Invalid....

The petitioners, manufacturers of colour televisions, imported Video Tape Deck Mechanism (VTDM) and Colour Picture Tubes (CPTs) against additional licences issued under the Import and Export Policy 19...

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High Court of Karnataka Quashes Trial Court Orders for Lack of Jurisdiction — Orders Passed Without Deciding Application for Rejection of Plaint Under Order VII Rule 11 CPC Are Illegal. Trial Court Must First Decide Preliminary Issue of Jurisdiction Before Proceeding with Interim Applications....

The petitioners filed writ petitions under Article 227 of the Constitution of India challenging orders dated 13.04.2017 and 17.07.2017 passed by the XX Additional City Civil and Sessions Judge, Bengal...

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Bombay High Court Upholds Conviction of Appellant for Rape of Minor Under POCSO Act — Medical Evidence and Victim's Testimony Sufficient. Conviction Under Section 376 IPC and Sections 3, 4, 5, 6, 9, 10 of POCSO Act Confirmed as Prosecution Proved Case Beyond Reasonable Doubt....

The appellant, Sandip s/o Atmaram Khandekar, was convicted by the Special Court at Warora for the offence of rape under Section 376 of the Indian Penal Code and under Sections 3, 5 and 9 punishable un...