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Bombay High Court Dismisses Application for Condonation of Delay in Filing Caveat in Probate Proceedings — Delay of 140 Days Not Sufficiently Explained. Court Held That Awareness of Proceedings and Legal Advice Negated Claim of Ignorance, and Delay Was Not Condoned Under Section 5 of Limitation Act, 1963....

The judgment concerns a Chamber Summons filed by the applicants (caveators) seeking condonation of a 140-day delay in filing a caveat and affidavit in support of caveat in probate proceedings. The ori...

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Bombay High Court Quashes Caste Certificate Invalidation and Termination Order in Muslim Julaha OBC Case — Vigilance Report Supporting Claim Ignored. The court held that the Scrutiny Committee must follow the vigilance report and cannot invalidate a certificate without proper reasons, setting aside both the invalidation and termination....

The petitioner, Imram A. Ajij Shaikh, belonging to the 'Muslim Julaha' caste recognized as OBC in Maharashtra, obtained a caste certificate from the Deputy Collector, Solapur on 30 July 2009 after ver...

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Bombay High Court Directs Demolition of Dilapidated Building Subject to Pending Tenancy Suits — Owner to Provide Alternate Accommodation to Occupant. Court orders vacation and demolition of room no.1 in 'Pandya House' while preserving rights of occupants in Small Causes Court suits under the Maharashtra Rent Control Act....

The Petitioner, M/s. Mehul Realtors Private Ltd., as owner/landlord of property bearing C.T.S. nos.1211, 1211/1 to 8 with structure known as 'Pandya House' at Sarojini Road, Vile Parle (West), Mumbai,...

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High Court of Bombay Enhances Compensation for Land Acquisition in Irrigation Project — Market Value Determined Based on Potential and Comparable Sales. Land Acquired for Minor Irrigation Project; Court Finds Land Had Non-Agricultural Potential and Awards Rs. 60,000 Per Acre Under Section 23 of Land Acquisition Act, 1894....

The appeal arises from a land acquisition proceeding under the Land Acquisition Act, 1894, where the State of Maharashtra acquired agricultural land belonging to the appellants (original claimants) fo...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Insufficient Evidence of Vehicle Involvement. Police Officer's Hearsay Testimony Without Supporting Material Cannot Fix Liability on Insurer Under Motor Vehicles Act, 1988....

The case arises from a motor accident claim filed by the legal representatives of Raju Uttam Choudhary, who died in a road accident on 8 May 2010. The claimants alleged that the deceased was riding a ...

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Bombay High Court Allows Discharge Petition in Medical Negligence Case Under Section 304A IPC — Lack of Material to Show Rash or Negligent Act. Court holds that death during anaesthesia without evidence of gross negligence does not constitute culpable homicide not amounting to murder....

The petitioner, Dr. Suvarna Arjun Jaybhaye, a medical practitioner with an MBBS degree and a diploma in Anaesthesia, was the accused in S.C.C. No. 965/2012 pending before the 3rd Judicial Magistrate, ...

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Bombay High Court Upholds Conviction for Murder Based on Circumstantial Evidence and Motive. Accused convicted under Section 302 IPC for killing his wife due to suspicion of her character, with chain of circumstances complete....

The appellant, Mahaveer Anantrao Mahajan, was convicted by the Additional Sessions Judge, Beed, in Sessions Case No. 90 of 2009 for the murder of his wife Pournima under Section 302 of the Indian Pena...

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Bombay High Court Evaluates Appeal Against Conviction for Murder of Wife Under Section 302 IPC Based on Dying Declarations. Court Scrutinizes Credibility of Written and Oral Dying Declarations in Absence of Eyewitnesses, Considering Principle That Dying Declaration Can be Sole Basis of Conviction....

The appeal arose from the conviction of appellant Vinayak Pawar under Section 302 IPC for the murder of his second wife Sunita by setting her on fire after pouring kerosene. The incident occurred on 2...

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Bombay High Court Dismisses Revision Against Civil Court's Jurisdiction in Waqf Property Lease Dispute. Civil Court Not Barred from Entertaining Suit for Declaration of Lease Subsistence as Dispute Does Not Fall Under Waqf Tribunal's Exclusive Jurisdiction Under Section 85 of the Waqf Act, 1995....

The case involves a civil revision application filed by Sohail Azam, original defendant No.1, against an order of the Civil Judge, Senior Division, Biloli, rejecting his objection to the jurisdiction ...

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High Court Acquits Accused in Kidnapping Case Due to Inconsistent Evidence and Lack of Proof of Minority. Conviction under Section 363 IPC set aside as prosecution failed to establish victim's age below 18 years and absence of inducement....

The appellant, Saleem @ Mahammedsaleem, was convicted by the Fast Track Court-II, Dharwad in S.C. No. 101/2011 for the offence under Section 363 of the Indian Penal Code (IPC) and sentenced to two yea...