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Bombay High Court Allows Petition Against Deficit Stamp Duty Demand Under Bombay Stamp Act, 1948 — Conveyance Deed Not Chargeable Under Section 25 as Mortgage Deed. The court held that a deed of conveyance mentioning an existing mortgage does not become a mortgage deed under Section 25 of the Bombay Stamp Act, 1948....

The petitioner, Universal Ferro & Allied Chemicals Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Articles 226 and 227 of the Constitution of India challeng...

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High Court of Bombay at Goa Quashes Conviction in Negotiable Instruments Act Case — Dishonour of Cheque Due to Account Closed. Cheque issued for time-barred debt not legally enforceable debt under Section 138 of Negotiable Instruments Act, 1881....

The petitioners, Sidharth Narayan Siddhapur and M/s Taurus Earthmovers Limited, filed a Criminal Writ Petition before the High Court of Bombay at Goa challenging the concurrent judgments of the Judici...

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High Court of Bombay at Goa Quashes Conviction in Dishonour of Cheque Case Due to Non-Examination of Complainant's Partner. Failure to Prove Debt or Liability Under Section 138 of Negotiable Instruments Act, 1881 as Complainant Firm Not Properly Represented....

The petitioners, Sidharth Narayan Siddhapur and M/s Taurus Earthmovers Limited, were the accused in a complaint filed by M/s Fluidmac, a partnership firm, under Section 138 of the Negotiable Instrumen...

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Bombay High Court Upholds Constitutional Validity of Section 2(q) of Protection of Women from Domestic Violence Act, 2005 — Definition of 'Respondent' Includes Adult Male and Female Relatives. Challenge by mother and sister of alleged perpetrator fails as court holds that the definition is not ultra vires Articles 14, 15, and 21 of the Constitution....

The petitioners, mother and sister of the alleged perpetrator, filed a writ petition under Article 226 of the Constitution challenging the constitutional validity of Section 2(q) of the Protection of ...

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High Court of Judicature at Bombay Dismisses Testamentary Suit Seeking Probate of Will Due to Forgery and Undue Influence. The Court Held That the Propounders Failed to Prove Due Execution and Testamentary Capacity, and That the Earlier Charitable Will Remained Unrevoked....

This testamentary suit arose from a petition for probate of the alleged last will of Jimmy Keki Tarachand, dated 27 December 2004. The original plaintiffs, Jivaji Framroze Tarachand (paternal uncle) a...

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Bombay High Court Dismisses Appeal Against Demolition of Compound Wall and Fencing on Land Owned by MMRDA. Appellant Failed to Prove Title or Possession Over Suit Property, and Demolition Was Carried Out by MMRDA on Its Own Land....

The appellant, Abdul Aziz Lias Mohamed Khan, filed a suit in the Bombay High Court seeking a declaration that the respondents, Mumbai Metropolitan Regional Development Authority (MMRDA), Municipal Cor...

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Bombay High Court Quashes Criminal Proceedings in Commercial Dispute for Non-Payment of Price. Court holds that mere non-payment of debt does not constitute criminal breach of trust or cheating under Sections 406, 420, 422, 403, 464 IPC when the transaction is purely civil....

The petitioner, Nilesh Daulatrao Lakhani, proprietor of Lakhani Enterprises, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal...

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Bombay High Court Quashes Domestic Violence Complaint Against Husband Due to Settlement and Lack of Domestic Relationship. The court held that since the wife had voluntarily left the matrimonial home and accepted a full settlement, the complaint under Sections 12, 18, 21, 23 of the Protection of Women from Domestic Violence Act, 2005 was not maintainable....

The applicant, Amitabh Upadhyay, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Complaint No.524 of 2013 pending before the Judicial Magist...

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Bombay High Court Dismisses Appeal Against Restoration of Suit — Jurisdiction of Single Judge Upheld Despite Transfer of Suits to City Civil Court. Section 4A of Bombay City Civil Court (Amendment) Act, 2012 Does Not Divest High Court of Power to Restore Suits Dismissed Before Notification....

The appeal arose from an order of a learned Single Judge of the Bombay High Court allowing the respondents' notice of motion and restoring Suit No. 3969 of 1996, which had been dismissed for default o...