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Bombay High Court Allows Petition Challenging Invalidation of Caste Claim of East Indian Christian Corporator. Scrutiny Committee's Order Set Aside for Non-Consideration of Relevant Documents and Violation of Natural Justice....

The petitioner, Lawrence Salvador D'Souza, contested and won a municipal election in Thane on a seat reserved for Other Backward Classes, claiming to belong to the East Indian Christian community. His...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Demand for Dowry and Absence of Proximate Cause. Conviction under Sections 498-A and 302 IPC set aside as prosecution failed to prove cruelty or that deceased died otherwise than under normal circumstances....

The case pertains to an appeal filed by four accused persons against their conviction under Sections 498-A and 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) by the IVth Additional Sess...

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High Court of Karnataka Dismisses Appeal Against Interim Injunction in Child Custody Dispute — Appeal Not Maintainable Under Order 43 Rule 1 CPC as Order is Not Appealable...

The appellant, Smt. Savitha B.P., filed a suit (O.S. No. 14/2015) before the VI Additional Principal Family Judge at Bengaluru seeking a declaration that a judgment and decree dated 30.3.2012 passed b...

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Bombay High Court Allows Petitioner's Writ Petitions Challenging Vacation of Status Quo in Civil Suits — Directs Trial Court to Decide Temporary Injunction Applications on Merits Within One Month. Trial Court's Order Vacating Status Quo Without Deciding Injunction Application Under Order 39 Rules 1 and 2 CPC Set Aside as Unsustainable....

The petitioner, Gajanan Gyanuji Zambhare, filed two writ petitions challenging orders dated 31.01.2015 passed by the trial court in Regular Civil Suit No. 239 of 2014 and Regular Civil Suit No. 205 of...

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Bombay High Court Dismisses Appeal in Specific Performance Suit, Upholds Trial Court's Finding of Loan Transaction Instead of Sale Agreement. Agreement to sell held to be a security for loan, not a genuine sale agreement, and plaintiff failed to prove readiness and willingness to perform contract....

The petitioner, Smt. Shobha Janardhan Masram, filed a civil suit for specific performance of an agreement to sell dated 25-11-1994, claiming that the respondent, Ganpat Gulabrao Thakre, agreed to sell...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Binding. Court holds that first appellate court's reversal of trial court's decree was based on evidence and not perverse under Section 100 CPC....

The appellant, original defendant, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment of the first appellate court dated 16-09-2010, which reversed ...

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Bombay High Court Dismisses Petitions by Sleeper Manufacturers Challenging Railway's Rejection of Tenders for Non-Compliance with Technical Specifications. Court upholds Railway's right to prescribe and enforce technical conditions in tender documents, finding no arbitrariness or mala fides in the rejection....

The judgment concerns two writ petitions filed by companies engaged in the manufacture of railway sleepers, challenging the rejection of their tenders by the Railway authorities. The petitioners, Kapr...

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High Court of Bombay at Goa Quashes Summons in Medical Negligence Case for Lack of Sanction Under Section 197 CrPC — Doctor and Hospital Manager Protected as Public Servants Under Section 2(c) of the Prevention of Corruption Act, 1988....

The case involves two criminal writ petitions filed by Dr. Vivekanand Jawali (a cardiac surgeon) and Mr. Karthik Rajagopal (Zonal Director of Fortis Hospitals Ltd.) challenging summons issued by the C...

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Bombay High Court Dismisses Sales Tax Reference by Dealer in Setoff Disallowance Case. Rule 41D of Bombay Sales Tax Rules, 1959 restricts setoff to raw materials and consumable stores, not capital assets like scientific equipment used for research and development....

The case is a sales tax reference under Section 61 of the Bombay Sales Tax Act, 1959, arising from an order of the Maharashtra Sales Tax Tribunal dated 15th April, 2002. The applicant, M/s Gharda Chem...

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Bombay High Court Dismisses Contractor/Developer's Challenge to Majority Arbitral Award in Construction Dispute. Court upholds award of Rs.7,35,000, Rs.10,80,000, interest, and costs under Section 34 of the Arbitration and Conciliation Act, 1996, finding no patent illegality or conflict with public policy....

The petitioner, M/s. Raviuday Construction Co., a partnership firm, challenged a majority arbitral award dated 15 May 2012 passed by a three-member arbitral tribunal. The dispute arose out of agreemen...