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Bombay High Court Allows Second Appeal, Sets Aside Appellate Decree, and Remands Suit for Fresh Trial Due to Erroneous Rejection of Adjournment and Unexplained Delay in Pronouncing Judgment. Denial of Opportunity to Lead Evidence and Non-Compliance with Section 105 CPC Requirements on Challenging Interlocutory Orders Vitiate the Appellate Judgment....

Second Appeals Nos. 340 and 356 of 1999 arose from the judgment and decree of the District Judge, Akola, in Regular Civil Appeal No. 132 of 1988, which confirmed the trial court's decree of eviction i...

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High Court of Judicature at Bombay Reviews Death Sentence Reference in Gang Rape and Murder Case. Conviction Based on Circumstantial Evidence of Last Seen Together and Forcible Abduction from House of Victim's Uncle....

The matter arises from a reference made by the Additional Sessions Judge, Nagpur, under Section 366 of the Code of Criminal Procedure, 1973, for confirmation of the death sentence awarded to original ...

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Bombay High Court Upholds Decree in Summary Suit Based on Dishonoured Cheque — Insufficient Funds Endorsement Establishes Liability Under Negotiable Instruments Act. Directors of Company Held Jointly and Severally Liable for Cheque Amount with Interest....

The respondent, M/s S.P. Fabritech, filed a summary suit (Regular Civil Suit No.58 of 2011) against the appellants, M/s Aarti InfraProjects Pvt. Ltd. and its directors, for recovery of Rs.4,80,000 bas...

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Bombay High Court Acquits Convict in Murder Case Due to Unreliable Dying Declarations and Parity with Co-accused Acquittal. Dying Declarations Found Unreliable Due to Language Barrier, Mental Unfitness, and Inconsistency with Police Records Showing Suicide....

The appellant, Tukaram Tulsiram Pawar, was convicted under Section 302 read with 34 of the Indian Penal Code by the Ad Hoc Additional Sessions Judge-1, Nashik on 2 February 2009 for the murder of Sari...

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Bombay High Court Upholds Conviction for Murder and Rape of Minor Girl Based on Circumstantial Evidence. Last Seen Theory and Recovery of Incriminating Articles Sufficient to Prove Guilt Under Sections 302 and 376 IPC....

The appellant, Sharad Bhaskar Rajnor, was convicted by the Additional Sessions Judge, Malegaon, for offences under Sections 302 and 376 of the Indian Penal Code (IPC) for the murder and rape of a mino...

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Bombay High Court Dismisses Appeal Against Refusal of Discovery in Specific Performance Suit — Discovery Sought After Issues Settled and Evidence Led, Not Permitted Under CPC Order XI Rule 1A...

The appeal arises from a suit filed by NTPC Limited (respondent-plaintiff) in December 2005 seeking specific performance of a contract for supply of 132 trillion BTU of Natural Gas for 17 years, based...

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Bombay High Court Dismisses Writ Petition by Statutory Corporation Seeking Recovery of Compensation from Landowners After Acquisition Lapse. Land Acquisition Act, 1894, Section 11 Award Does Not Create Debt Obligation; Remedy Lies in Civil Court....

The petitioner, Maharashtra Krishna Valley Development Corporation, a statutory corporation established under the Maharashtra Krishna Valley Development Corporation Act, 1996, filed a writ petition se...

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Bombay High Court Allows Pension Claim of Retired Professor in WRIC Case — University and UGC Directed to Pay Pension Under University Pension Scheme. The court held that the petitioner, a former director of WRIC, was entitled to pension benefits as WRIC was a constituent unit of the University of Mumbai, which had adopted a pension scheme....

The petitioner, Dr. Arvind Vishnu Patankar, a Ph.D. in Solid State Physics, joined Tata Institute of Fundamental Research (TIFR) as a Research Assistant in 1955. In 1976, TIFR assigned him to set up t...

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Bombay High Court Allows Second Appeal in Property Injunction Case — Plaintiff's Possession Established Through Registered Sale Deed and Revenue Records. First Appellate Court's Reversal Set Aside for Ignoring Evidence of Possession and Failing to Consider Mutation Entries Under Section 135 of the Maharashtra Land Revenue Code, 1966....

The case involves a second appeal filed by the original plaintiff, Shamkalabai (since deceased, represented by legal heirs), against the judgment and decree of the Additional District Judge, Beed, in ...