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Bombay High Court Dismisses Second Appeal in Trust Dispute — Upholds Concurrent Findings on Validity of Consent Decree. Court holds that a consent decree passed in a suit for administration of trust is not null and void and can be challenged only on grounds of fraud or collusion, which were not established....

The original plaintiff, Sushilabai Byramji, filed Regular Civil Suit No.63 of 1982 seeking rendition of accounts, execution of trusts, setting aside of a decree passed in Special Civil Suit No.230 of ...

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Bombay High Court Dismisses Challenge to Vires of Explanation to Rule 3 of Maharashtra Zilla Parishads and Panchayat Samitis (Manner and Rotation of Reservation of Seats) Rules, 1996 — Explanation Held Valid. The Explanation does not travel beyond Section 12 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 and is constitutionally valid....

The petitioner, Mrs. Shailaja Sunil Kolpe, filed a writ petition challenging the vires of the Explanation to Rule 3 of the Maharashtra Zilla Parishads and Panchayat Samitis (Manner and Rotation of Res...

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Bombay High Court Allows Appeal Against Acquittal Under Section 256 CrPC for Complainant's Absence in Defamation Case. The court restored the complaint to the trial court, emphasizing the need for an opportunity to be heard before acquittal under Section 256 CrPC....

The appellant, Govindrao Ranisawargaonkar, was the original complainant in Summary Criminal Case No. 588/2007 before the Judicial Magistrate (First Class), Gangakhed, against respondents 2 to 5 for th...

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High Court of Karnataka Acquits Appellants in Abetment of Suicide and Cruelty Case Due to Lack of Evidence of Instigation or Harassment. Conviction under Section 306 IPC set aside as there was no proof of direct or indirect acts of instigation leading to suicide....

The case involves an appeal against conviction under Sections 306 and 498-A read with Section 34 IPC. The appellants, Naseerabee, Babu Miyan, and Mansoor Miyan, were convicted by the Sessions Court fo...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Agricultural Land Enforced as Plaintiff Proved Readiness and Willingness to Perform Contract....

The respondent-plaintiff Shankar Sonaji Shingne filed a suit for specific performance of an agreement to sell 18 acres of agricultural land owned by the appellant-defendant Chintaman Sitaram Bajad. Th...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection in Pre-emption Suit — Limitation is Mixed Question of Law and Fact. The court held that whether the suit is barred by limitation under Article 97 of the Limitation Act, 1963 is a mixed question of law and fact, and the plaint cannot be rejected under Order 7 Rule 11 CPC....

The case involves a civil revision application filed by the original defendant nos. 2 and 3 (petitioners) against the rejection of their application under Order 7 Rule 11 of the Code of Civil Procedur...

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Bombay High Court Allows Appointment of Receiver Under Section 9 of Arbitration Act to Secure Claim of Lender Against Defaulting Borrower and Guarantors. The court held that where a borrower defaults and fails to disclose assets, appointment of receiver is necessary to prevent the arbitral award from becoming a paper decree....

The petitioner, L&T Finance Limited, filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking appointment of Court Receiver, injunction, and disclosure of a...

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Bombay High Court Awards Compensation for Illegal Detention by Police in Violation of D.K. Basu Guidelines. Petitioner was detained for six days without being produced before a magistrate, and the court held the State liable for constitutional tort....

The petitioner, Sagar Balu Ubhe, filed a writ petition alleging that he was illegally detained by the police from 25th to 30th January 2012. The Bombay High Court, on 11th January 2013, directed the P...