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Bombay High Court Examines Appeals by Convicts in Group Assault and Murder Case; Key Eyewitness Accounts Found Suffering from Material Omissions. Evidence of Recovery of Weapons and Common Object Under IPC Sections 147, 148, 149 Re-evaluated....

These four criminal appeals arose from a common judgment and order dated 14 June 2006 passed by the 1st Adhoc Additional Sessions Judge, Yavatmal, in Sessions Case No. 19/2003, convicting fifteen accu...

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Bombay High Court Dismisses Subcontractor's Petition to Restrain Invocation of Performance Bank Guarantee Under Section 9 of Arbitration Act. Bank Guarantee Held to Be an Independent Contract Between Bank and Beneficiary, Not Subject to Injunction Absent Fraud or Irreparable Injustice....

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., a subcontractor, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking to restrain the respondent, Hindu...

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Bombay High Court Dismisses Partition Suit as Barred by Res Judicata and Limitation in Family Property Dispute. Consent decree in earlier suit and ouster of co-owners bars subsequent suit for partition under Section 11 CPC and Article 65 of Limitation Act, 1963....

The plaintiffs, Rusi Hormusji Pavri and others, filed a suit for partition and declaration of co-ownership of 'Pavri House' against the defendants, who are the widow and daughters of the deceased brot...

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Bombay High Court Dismisses Suit for Possession Under Section 6 of Specific Relief Act, 1963 — Plaintiffs Failed to Prove Prior Possession and Dispossession Within Six Months. Court Held That Summary Suit Under Section 6 Cannot Be Used to Decide Title and Requires Strict Proof of Possession and Unlawful Dispossession....

The plaintiffs, including Amod Nandkishore Mehra and others, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of possession of a property bearing CTS No. 69/21 at L.B...

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Bombay High Court at Goa Upholds Conviction for Murder in Stabbing Case — Life Imprisonment Maintained. Accused's Conviction Under Section 302 IPC for Stabbing Deceased Multiple Times Confirmed Based on Circumstantial Evidence and Motive....

The appellant, Clive Ellens, was convicted under Section 302 of the Indian Penal Code for the murder of Valentin Stephen Dias and sentenced to life imprisonment. The prosecution case was that on 18 Oc...

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Bombay High Court Acquits Accused in Dacoity and Murder Case Due to Lack of Identification and Insufficient Evidence. Conviction under Sections 363, 396 IPC set aside as prosecution failed to prove appellant's involvement beyond reasonable doubt....

The appellant, Arjun Ganpat Sandbhor, was convicted by the learned Ad-hoc Additional Sessions Judge-1, Malegaon, for offences under Section 363 read with Section 34 of the Indian Penal Code (IPC) and ...

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Bombay High Court Acquits Accused in Child Sexual Assault Case Due to Inconsistent Evidence and Delay in FIR. Conviction under Section 354 read with 376(2)(f) r/w Section 511 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Jagdish Balaram Narangikar, was convicted by the trial court for offences under Section 354 read with Section 376(2)(f) read with Section 511 of the Indian Penal Code (IPC) and sentence...

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Bombay High Court Holds Secretary Cannot Hear Appeals Under Section 152 of Maharashtra Co-operative Societies Act, 1960 — Rules Cannot Override Statute. Statutory appeals under Section 152 must be heard by the State Government or its delegated authority, not by the Secretary, as rules cannot override the Act....

The case involved a reference made by a learned single judge (G.S. Godbole, J.) regarding the power of the Secretary in the Co-operation Department of the State of Maharashtra to hear appeals under Se...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Rajesh Bhaurao Sadanshiv, was convicted by the 2nd Ad-hoc Additional Sessions Judge, Akola in Sessions Trial No. 153 of 2005 for the murder of his wife under Section 302 of the Indian P...