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Bombay High Court Allows Second Appeal in Encroachment Suit — Remands for Fresh Consideration of Mesne Profits. Courts below erred in dismissing suit without considering evidence of encroachment and mesne profits under Section 6 of the Specific Relief Act, 1963....

The plaintiffs, owners of field Gat No. 268 admeasuring 5.88 HR at village Dhamana Bk, Tahsil Akot, District Akola, filed a suit alleging encroachment by the defendants, adjacent land owners. On 24.6....

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High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Non-Examination of Complainant Partner. Failure to Prove Legal Liability Under Section 138 of Negotiable Instruments Act, 1881 as Presumption Under Section 139 Stands Rebutted....

The case involves a criminal revision application filed by M/s Reshmi Constructions, a partnership firm, against the acquittal of Laxman Vithal Chunekar in a complaint under Section 138 of the Negotia...

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High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Non-Examination of Partner and Rebuttal of Presumption. Complainant Partnership Firm Failed to Prove Authority of Signing Partner and that Cheque Was Issued for Legally Enforceable Debt Under Section 138 of Negotiable Instruments Act, 1881....

The revision application was filed by M/s Reshmi Constructions, a partnership firm, through its partner Shri Pandharinath Chafadkar, challenging the judgment and order dated 15/05/2009 passed by the J...

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Bombay High Court Allows Summary Judgment in Favor of Plaintiff in Freight and Demurrage Claim Based on Written Agreement. Defendant No.1's Liability Under Agreement Dated 18 July 2012 Confirmed as Unconditional Promise to Pay....

The plaintiff, SJJ Marine Pte Ltd., filed a summary suit against the defendants, Pisces Exim (India) Pvt. Ltd. (defendant No.1) and another, for recovery of freight, demurrage, and detention charges. ...

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Bombay High Court Dismisses Husband's Divorce Appeal in Family Court Appeal No. 134 of 2006. Husband Found at Fault for Preventing Restitution of Conjugal Rights, Disentitled to Divorce Under Section 23(1)(a) of Hindu Marriage Act, 1955....

The appeal arose from a judgment of the Family Court at Bandra, Mumbai, dismissing the appellant-husband's petition for divorce under Section 13(1A) of the Hindu Marriage Act, 1955. The parties were m...

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Bombay High Court Upholds Labour Court's Compensation Award in Industrial Dispute Over Illegal Strike and Misconduct. Dismissal of Workman Found Shockingly Disproportionate; Reinstatement Denied Due to Loss of Confidence....

The judgment concerns two writ petitions arising from an industrial dispute between workman Mahendra K. Raut and his employer M/s. Gopalanand Rasayan. The workman was employed with the management and ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Driver's Invalid License, with Right to Recover from Owner. Third-party liability upheld under Motor Vehicles Act, 1988, applying 'pay and recover' principle....

The case arises from a motor accident claim filed by Babulal Somani and Rukhamanibai, parents of the deceased, who died in a vehicular accident involving a milk tanker owned by Kamdhenu Magasvargiya M...

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Bombay High Court Upholds Life Imprisonment for Husband in Murder Case — Conviction for Stabbing Wife to Death on Suspicion of Infidelity Upheld. Evidence of Eye-Witnesses and Medical Reports Found Credible, No Ground for Interference....

The appellant, Sayyed Sultan, was convicted by the Additional Sessions Judge, Hingoli, for the murder of his wife, Rizwanabee, under Section 302 of the Indian Penal Code, 1860, and sentenced to life i...

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Bombay High Court Allows Restoration of Consumer Appeal Dismissed in Default Due to Advocate's Absence. State Commission Lacks Power to Recall DID Order; High Court Exercises Writ Jurisdiction to Set Aside Order and Restore Appeal for Fresh Hearing on Merits....

The petitioner, Arun Modale, had filed a First Appeal No. 481/2009 before the Maharashtra State Consumer Dispute Redressal Commission (State Commission) against an order of the District Forum. On 21-1...