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Bombay High Court Acquits Accused in Attempt to Murder and Robbery Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Sections 307, 397 IPC set aside as sole eyewitness testimony was inconsistent and not supported by medical or other evidence....

The appellant, Anil Lilachand Sarjare, was convicted by the Sessions Judge, Nagpur in Sessions Trial No.132/2007 for offences under Sections 307 read with 34 and 397 read with 34 of the Indian Penal C...

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Bombay High Court Allows Partition Suit Despite Non-Joinder of Daughters as Necessary Parties Under Hindu Succession Act, 1956. Daughters not claiming share are not necessary parties in partition suit among male heirs....

The case involves a second appeal arising from a partition suit. The plaintiff, claiming to be the son of Ishwara, sought partition and separate possession of land Gat No. 127/A, alleging that the def...

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High Court of Bombay Dismisses Section 34 Petition Challenging Arbitral Award in Construction Dispute — No Ground for Interference Made Out. Arbitrator's findings on facts and law are final unless perverse or contrary to public policy; reappreciation of evidence not permissible under Section 34 of Arbitration and Conciliation Act, 1996....

The petitioner, M/s. Shah Jagshi Jethabhai, a construction firm, challenged an arbitral award dated 16 January 2009 passed by a sole arbitrator under Section 34 of the Arbitration and Conciliation Act...

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High Court of Bombay Upholds Arbitrator's Award on Res Judicata in Cooperative Bank Loan Dispute. Claim by Bank against Borrowers and Guarantors Dismissed as Barred by Res Judicata Due to Prior Adjudication of Same Dispute....

The petitioner, The Shamrao Vithal Coop. Bank Ltd., a multi-state cooperative scheduled bank, filed an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Trademark Infringement and Passing Off Suit. Court upholds Single Judge's order granting leave under Clause 14 of Letters Patent to combine passing off claim with infringement action despite territorial jurisdiction issues....

The case involves two appeals arising from orders of a learned Single Judge of the Bombay High Court in Suit No.2727 of 2011. The appellant, Shree Siayaram Fab Private Limited, is the original defenda...

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Bombay High Court Acquits Accused in Robbery Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Section 397 IPC set aside as sole identifying witness failed to provide consistent description and knife was not proved to be used in the manner required for 'deadly weapon' under Section 397....

The appellant, Vitthal s/o Jagannath Bobade, was convicted by the Additional Sessions Judge, Aurangabad, under Section 397 of the Indian Penal Code, 1860, for allegedly robbing Popat Borade (PW-1) at ...

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Bombay High Court Allows State's Appeal in Land Acquisition Interest Claim — Limitation Period for Suit Under Section 48 of Land Acquisition Act, 1894 Is Three Years. Suit filed after 11 years from compensation payment held barred by limitation....

The case involves a second appeal filed by the State of Maharashtra and the Executive Engineer against the judgment and decree of the lower appellate court which confirmed the trial court's decree awa...

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Bombay High Court Dismisses Suit for Specific Performance of Oral Agreement to Sell Flat. Oral Agreement for Sale of Immovable Property Not Enforceable Due to Lack of Written Contract and Part Performance Under Section 53A of Transfer of Property Act, 1882....

The plaintiff, Nirav Deepak Modi, filed a suit for specific performance of an oral agreement allegedly entered into with defendant No.1, Najoo Behram Bhiwandiwala, in April 2002. The plaintiff claimed...

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Bombay High Court Upholds Murder Conviction Based on Eye Witness Testimony and Medical Evidence. Conviction Under Section 302 IPC for Stabbing Deceased with Knife Confirmed as Testimony of Sole Eye Witness Found Credible and Corroborated by Medical Evidence....

The appellant, Sachin Dadarao Borude, was convicted under Section 302 of the Indian Penal Code (IPC) for the murder of Ravi Pradhan by stabbing him with a big knife on 27 February 2005 at Belapur CBD,...

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Bombay High Court Upholds Conviction of Husband for Murder of Wife on Holi Day — Life Imprisonment Confirmed for Beating Wife to Death Over Refusal to Cook Food. The court held that the nature of injuries and the weapon used indicated intention to cause death under Section 302 IPC, and the prosecution proved its case beyond reasonable doubt....

The appellant, Kamlya Dehu Waghmare, was convicted by the Additional Sessions Judge, Raigad, Alibag in Sessions Case No. 78/2006 for the murder of his wife Tara under Section 302 IPC and sentenced to ...