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Bombay High Court Allows Second Appeal in Railway Licence Plot Dispute — Courts Below Failed to Consider Admission Under Order VIII CPC. Refund of Rs.50,050 with 18% Interest Upheld as Railway's Admission of Receipt Not Denied....

The original plaintiff, Bhika s/o Antu Kale, a retired Railway servant, filed Regular Civil Suit No.996 of 1987 against the Railways for possession and perpetual injunction. In 1981, the Railways invi...

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Bombay High Court Dismisses Petition Challenging Jurisdiction in Cheque Dishonour Case — Cheques Delivered at Chandrapur Confer Territorial Jurisdiction Under Section 138 of Negotiable Instruments Act, 1881....

The petitioners, partners of M/s. Sarvadnya Tractors, Amravati, were accused in Criminal Case No.935 of 2009 pending before the Judicial Magistrate First Class, Chandrapur, filed by the respondent, a ...

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Bombay High Court Dismisses Pre-emption Suit as Barred by Limitation — Portuguese Civil Code Article 1566 Governs Period for Pre-emption in Goa. Court holds that Article 1566 of Portuguese Civil Code, 1867 providing a 6-month limitation period for pre-emption suits is not impliedly repealed by the Indian Limitation Act, 1963....

The appellants filed a suit for pre-emption against the respondents, seeking to exercise their right to purchase property. The suit was dismissed by the trial court on the ground that it was barred by...

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Bombay High Court Dismisses Plaintiff's Interim Injunction Against DRT Proceedings in Receivables Assignment Dispute. Court holds that civil suit for cancellation of indemnity and hypothecation deeds cannot restrain recovery proceedings before DRT under Recovery of Debts Due to Banks and Financial Institutions Act, 1993....

The Plaintiff, Rentworks India Pvt. Ltd., provided equipment on lease to Subhiksha Trading Services Pvt. Ltd. under a Master Rental Agreement (MRA). During the subsistence of the MRA, the Plaintiff an...

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Bombay High Court Upholds Conviction for Murder Based on Dying Declaration in Dowry Burn Case. Dying declaration recorded by police head constable in presence of medical officer held admissible and reliable under Section 32(1) of Indian Evidence Act, 1872....

The appellant, Sagar Balwant Patil, was convicted by the Additional Sessions Judge, Kolhapur in Sessions Case No. 95 of 2009 for the murder of his wife, Sarika Sagar Patil, under Section 302 of the In...

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Bombay High Court Orders Return of Security in Admiralty Suit for Lack of Sister Ship Relationship. Security furnished for arbitration claim cannot be retained when the vessel arrested is not a sister ship of the vessel for which services were provided....

The plaintiff, Condor Maritime Dienstleistung GmbH & Co. KG, filed an admiralty suit against m.v. Western Light and its owners (defendants) claiming management services provided to m.v. Eastern Light....

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Bombay High Court Upholds Conviction of Husband and In-Laws for Murder by Burning in Dowry Death Case. Life Imprisonment Maintained Under Section 302 r/w 34 IPC Based on Dying Declaration and Circumstantial Evidence....

The case arises from a criminal appeal filed by four accused persons (husband, father-in-law, brother-in-law, and mother-in-law of the deceased) against their conviction by the Sessions Judge, Auranga...

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Bombay High Court Acquits Accused in Uxoricide Case Due to Lack of Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Dipchand Pawar, was convicted by the Additional Sessions Judge, Amalner for the murder of his wife Kalpanabai under Section 302 IPC and sentenced to life imprisonment. The prosecution c...