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Bombay High Court Allows Appeal in Property Suit, Sets Aside Order Rejecting Plaint for Non-Prosecution. Court holds that dismissal of suit for default under Order IX Rule 8 CPC is not permissible when the plaintiff's counsel is absent but the defendant is present and ready to proceed....

The appellant, Prabhudayal Pande, filed a First Appeal against an order dated 14.8.2014 passed by the 8th Joint Civil Judge (Sr.Dn.), Nagpur, in Special Civil Suit No.524 of 2007. The suit was origina...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Compromise Decree Valid Despite Alleged Fraud. Court holds that a compromise decree can only be challenged on limited grounds of fraud or coercion, and failure to prove such grounds results in dismissal of appeal....

The case involves a second appeal arising from a partition suit. The original plaintiff, Pandurang Shidu Chinchkar, filed Regular Civil Suit No. 324 of 1973 for partition and separate possession again...

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Bombay High Court Upholds Conviction for Assault and Criminal Intimidation but Grants Probation to Accused. Court holds that benefit of Probation of Offenders Act can be granted even after conviction if no previous conviction is proved and circumstances warrant leniency....

The case arises from a private complaint filed by Sushil Sawant (appellant) against six accused persons (respondents 2 to 7) alleging offences under Sections 323, 504, and 506 of the Indian Penal Code...

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Bombay High Court Allows Appeal Against Closure of Prosecution in Criminal Case Under IPC — Raj Deo Sharma (I) Not Applicable as Trial Was at Initial Stage. Court holds that the benefit of time-bound trial under Raj Deo Sharma (I) cannot be claimed before commencement of prosecution evidence, and the application for closure was premature....

The appellant, Jamshed Jal Menesse, filed a criminal complaint against respondents No. 2 and 3 alleging forcible eviction from a flat between 15/8/1986 and 15/9/1986. A chargesheet was filed and charg...

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High Court Dismisses Appeals Against CLB Orders in Oppression and Mismanagement Case — Maintainability of Composite Petitions Under Sections 397 and 398 of Companies Act, 1956 Upheld. The court held that preliminary objections regarding shareholding threshold cannot be decided without trial when dilution itself is alleged as oppression....

The case involves appeals against orders of the Company Law Board (CLB) dated 28 November 2014, which rejected preliminary objections regarding the maintainability of company petitions filed under Sec...

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Bombay High Court Dismisses Appeal Against Succession Certificate Granted to Widow Despite Remarriage. Hindu Widows' Re-Marriage Act, 1856 Section 2 Does Not Disentitle Widow from Claiming Succession Certificate as She Inherits as Class I Heir Under Hindu Succession Act, 1956....

The case involves an appeal filed by Sanjay Purshottam Patankar, the brother of the deceased Prakash Purushottam Patankar, against an order dated 8th September 2006 passed by a learned Single Judge of...

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Bombay High Court Dismisses Petition for Hilly Area Reservation in Medical Admission Due to Failure to Claim in Application Form. Petitioner's deliberate omission to claim reservation in online and signed forms cannot be rectified after deadline....

The petitioner, Suraj Ajay Deshmukh, through his natural guardian Dr. Ajay Deshmukh, filed a writ petition in the Bombay High Court seeking a direction to the Director of Medical Education and Researc...

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Bombay High Court Allows Petitions Challenging Maintainability of Revision Under MRC Act Against Orders Under Bombay Rent Act. Revision petitions under Section 44 of MRC Act, 1999 are not maintainable against orders under Section 13A2 of Bombay Rent Act, 1947 due to repeal and savings provisions in Sections 46 and 58 of MRC Act....

The petitioners, Rameshchandra D. Padia and Chandaya B. Karkera, filed two writ petitions challenging a common order dated 24 February 2014 passed by the Additional Divisional Commissioner, Konkan Div...