CRIMINAL APPEAL NO. 661 OF 2005...
The case arose from Special Case No. 10 of 2001 before the III Additional Sessions Judge, Raigad, where eight accused faced trial on charges of kidnapping, double murder, destruction of evidence, and ...
High Court
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High Court
Bombay High Court Allows Execution of Consent Decree Without Notice to Non-Signatory Defendants Under Order XXI Rule 22(2) CPC. Court held that notice under Order XXI Rule 22 CPC can be dispensed with when judgment-debtors had notice of the consent decree and failed to comply with reciprocal obligations....
The plaintiff, Ashford Developers Pvt. Ltd., filed a Chamber Summons in Execution Application seeking directions to the Prothonotary to take on file and process the execution application before sealin...
- 216
High Court
High Court of Bombay Restrains Bank from Honoring Bank Guarantee Invocation After Completion of Contract — Invocation Held Invalid as Guarantee Ceased to Be Operative. The court held that the bank guarantee had ceased to be operative upon completion of the contract as certified by the Independent Engineer, and the beneficiary's invocation was not in terms of the guarantee....
The plaintiff, M/s. ABG Kandla Container Terminal Ltd., filed a suit seeking declarations that a bank guarantee had ceased to be operative and that the defendant bank (Axis Bank Ltd.) was not bound to...
- 189
High Court
ARBITRATION PETITION NO. 4 OF 1986...
The petition filed under sections 30 and 33 of the Arbitration Act, 1940, sought to challenge an interim award and certain directions issued by the sole arbitrator in a family property partition dispu...
- 147
High Court
Bombay High Court Quashes Show Cause Notice in Customs Case Due to Inordinate Delay — Notice Issued After 12 Years Held Unreasonable and Violative of Principles of Natural Justice....
The petitioners, M/s. Orient Ship Agency Pvt. Ltd. and another, filed a writ petition challenging a show cause notice dated 22 September 2000 issued by the Deputy Commissioner of Customs and a subsequ...
- 223
High Court
Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction Under Sections 376, 323, 506, 343 IPC and Section 3(1)(xi) of SC/ST Act Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....
The appellant, Ramdas Sadashiv Rahate, was convicted by the Special Judge, Khamgaon in Special Atrocity Case No.3/2011 for offences under Sections 376, 323, 506, 343 of the Indian Penal Code and Secti...
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High Court
Bombay High Court Grants Judgment on Admission in Sibling Partition Suit Under Muslim Personal Law. Court applies Order 12 Rule 6 CPC to decree partition of deceased father's estate based on admitted shares under Shariat Law....
This is an administration suit filed by one sibling against his brothers and sister for partition and division of the estate of their deceased father, M.A. Kagalwala. The parties are all admitted heir...
- 216
High Court
Bombay High Court Dismisses Writ Petition for Revalidation of DFIA Licenses Due to Availability of Statutory Alternative Remedy. Petitioner failed to avail appeal remedy under Section 9(5) of Foreign Trade (Development and Regulation) Act, 1992 within prescribed period....
The petitioner, M/s. Oriental Export Corporation, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the respondents, particularly the Director General of Fore...
- 135
High Court
Bombay High Court Dismisses Writ Petition for Delay in Challenging Income Tax Appellate Tribunal Order. Challenge to 2007 ITAT order filed in 2012 dismissed as grossly delayed without sufficient explanation....
The petitioner, Bharat Petroleum Corporation Limited, filed a writ petition in the Bombay High Court on 1 October 2012 challenging an order of the Income Tax Appellate Tribunal dated 28 May 2007. The ...
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High Court
Bombay High Court Upholds Conviction of Accused in Murder Case; Dying Declaration Held Sufficient Despite Hostile Eye-Witnesses. The dying declaration of the deceased recorded by a revenue official after doctor's certification of consciousness was found reliable and formed the basis for conviction under Section 302 of the Indian Penal Code, 1860....
This criminal appeal arose from a murder case where the appellants, who are relatives of the deceased, were convicted and sentenced to life imprisonment by the trial court. The prosecution case was th...
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