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Bombay High Court Allows Appeal Against Remand Order in Encroachment Suit — Remand for Remeasurement Without Setting Aside Trial Court's Findings on Evidence Held Impermissible Under Order 41 Rule 23 CPC. First Appellate Court Cannot Order Fresh Measurement to Fill Gaps in Plaintiff's Case....

The appellant, original defendant in a suit for removal of encroachment, challenged the order of the District Judge-3, Yavatmal, dated 05/07/2016 in RCA No.32/2007, whereby the first appellate court r...

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High Court of Bombay at Goa Allows Appeal in Land Acquisition Compensation Case. Appellant's land on boundary of Margao city Ward No.6 entitled to ₹2000 per sq.mt. compensation, not ₹990 per sq.mt. as awarded by Reference Court....

The appellant, Valmiki Faleiro, owned 3042 sq.mts. of land in Survey No. 194/1 (part) which was acquired by the Special Land Acquisition Officer for the construction of a guest house under a Section 4...

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High Court of Bombay Considers State Appeal Against Acquittal in Murder Case — Key Issue of Reliability of Dying Declaration. The Case Involved Conflicting Injuries to Both Sides, Requiring Assessment of the Genesis of the Fight and Admissibility of Dying Declaration Under Section 32 of the Indian Evidence Act, 1872....

The matter arose from a factional feud in village Zola, where two groups were vying for control of the Grampanchayat. Accused No.1 was the sarpanch. On 22nd November 1990, the rival group had gone to ...

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Bombay High Court Allows State Appeal Against Acquittal in Dowry Death Case — Conviction Restored Under Section 304-B IPC. Presumption under Section 113-B Evidence Act applied as death occurred within seven years of marriage and dowry demand was proved; acquittal set aside as perverse....

The State of Maharashtra filed an appeal against the judgment and order of acquittal passed by the Additional Sessions Judge, Aurangabad, in Sessions Case No. 131 of 1996, acquitting the respondents (...

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High Court of Judicature at Bombay delivered judgment on cross-appeals in rioting and attempt to murder case. The State appealed against acquittal of 13 accused under Section 307 IPC, while five convicted accused challenged their conviction under Sections 143, 147, 325/149 IPC, raising issues of identification and delay in seizure of weapons....

The High Court of Judicature at Bombay, Aurangabad Bench, dealt with two cross-appeals arising from the judgment of the Additional Sessions Judge, Biloli, Dist. Nanded in Sessions Case No. 61 of 1996....

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High Court of Bombay Hears Appeal Against Acquittal of Accused in Murder Case; Key Witness Contradicted Himself and Medical Officer Not Examined...

The High Court of Bombay Bench at Aurangabad heard a criminal appeal by the State of Maharashtra and a criminal revision application by the original informant, challenging the acquittal of two accused...

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Bombay High Court Allows Condonation of Delay in Filing Review Before Fees Regulating Authority Under Maharashtra Unaided Private Professional Educational Institutions Act, 2015. The Court directed the authority to consider the review application on merits despite absence of express power to condone delay....

The petitioners, Gunai Shikshan Prasarak Mandal and Rajiv Gandhi Polytechnic, filed a writ petition challenging the order of the Fees Regulating Authority, Maharashtra State, which had refused to cond...

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High Court of Bombay at Aurangabad Dismisses Revenue's Challenge to Tribunal Order Quashing Penalty on Directors in Central Excise Case — No Vicarious Liability Without Evidence of Personal Involvement Under Central Excise Act, 1944....

The Commissioner of Central Excise and Customs, Aurangabad, filed a Writ Petition challenging the order of the Customs, Excise and Gold (Control) Appellate Tribunal, West Region, Mumbai, dated 28.02.2...