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High Court of Karnataka Dismisses Appeal Against Status Quo Order in Property Suit — Interim Order Upheld to Prevent Irreversible Changes Pending Trial. The court held that the trial court's discretion in granting status quo was judicious and proper under Order 43 Rule 1(r) CPC....

The appellant, M/s Bagmane Constructions Pvt. Ltd., was the 11th defendant in a civil suit (O.S.No.4743/2012) pending before the Principal City Civil and Sessions Judge, Bangalore. The suit involved a...

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Bombay High Court Dismisses Railway Appeal in Passenger Death Case — Sudden Brake Application Constitutes Untoward Incident Under Railways Act, 1989. The court upheld compensation of Rs. 4 lacs to legal heirs of a passenger who died due to jerks from sudden brake application, rejecting the Railway's defense of lack of bonafide passenger status....

The case involves an appeal by the Union of India, through the South Central Railway, against an order of the Railway Claims Tribunal, Nagpur Bench, dated 20.12.2002, which granted compensation of Rs....

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High Court of Bombay at Goa Allows Condonation of Delay in Appeal Against Conviction Under Section 138 NI Act — Sickness as Sufficient Cause. The court held that a medical certificate and explanation of sickness due to fall from tree constituted sufficient cause for delay of about one year in filing appeal....

The applicant, Babaji Tukaram Gawas, was convicted in Criminal Case No. 127/OA/138/2009/C for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to simple i...

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Bombay High Court Quashes Externment Orders Under Section 55 of Bombay Police Act for Non-Compliance with Procedural Requirements. Orders set aside as show cause notice did not specify the nature of activities and witnesses were not examined in presence of petitioners....

The petitioners, Vijay Lalso Jadhav and Shailesh Ramesh Jadhav, challenged the externment orders passed by the Competent Authority (Superintendent of Police, Satara) dated 25th July 2013, externing th...

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Bombay High Court Upholds Conviction for Murder and Rape of Minor in Child Kidnapping Case — Life Imprisonment Maintained. Court Confirms that Circumstantial Evidence Including Last Seen Together, Recovery of Body, and Medical Evidence Sufficient to Prove Homicidal Death and Sexual Assault Under Sections 302, 376(2)(f), 363 IPC....

The appellant, Nilesh Vijay Dhumal, was convicted by the Sessions Judge, Satara, for the kidnapping, rape, and murder of a 4-year-old girl. The prosecution case was that on 18.08.2009, the victim went...

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Bombay High Court Allows Widow's Petition for Freedom Fighter Pension Despite Early Release Due to Government Order. Remission of Sentence Does Not Disentitle Pension Under Swatantrata Sainik Samman Pension Scheme, 1980....

The petitioner, Smt. Anusayabai Khanderao Sure, is the widow of a freedom fighter, Khanderao Sure, who participated in the Bharatnagar Satyagraha in 1939 in the old Hyderabad State. He was convicted a...

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Bombay High Court Allows Withdrawal of Suit Against Defendant No.2 and Acceptance of Consent Terms in Matrimonial Property Dispute Under Article 227 of the Constitution of India. Plaintiff's Unconditional Right to Withdraw Suit Under Order 23 Rule 1 CPC Upheld....

The petitioner, Naseem Riyaz Khalifa, filed a suit for declaration and perpetual injunction against his wife (Respondent No.1) and her power of attorney holder (Respondent No.2) in the Civil Judge Sen...

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Bombay High Court Sets Aside Divorce Decree in Hindu Marriage Act Case — Allegations of Cruelty and Desertion Not Proven. Court holds that isolated incidents and vague allegations do not constitute cruelty under Section 13(1)(ia) and desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955....

The appellant wife challenged the Family Court's decree of divorce granted to the respondent husband on grounds of cruelty and desertion under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Ac...