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Bombay High Court Reduces Sentence in Rash Driving Case Due to Mitigating Circumstances — Concurrent Findings of Guilt Under Sections 279, 304-A, 337, 338 IPC and Section 184 MV Act Upheld but Sentence Modified to Period Already Undergone....

The applicant, Deepak Babusing Pardeshi, was convicted by the trial court and the appellate court for offences under Sections 279, 304-A, 337, 338 of the Indian Penal Code, 1860 and Section 184 of the...

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Bombay High Court Dismisses Petition Challenging SEBI Consent Guidelines Requiring Pendency of Proceedings. Requirement of pendency of court proceedings or adjudication for consent applications under SEBI Guidelines is not arbitrary and does not violate Article 14 of the Constitution....

The petitioners, Shilpa Stock Broker Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution challenging the validity of clauses 8, 11 and 17 of the SEBI Guidelines for Cons...

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Bombay High Court Allows Revision Against Ex-Parte Decree in Possession Suit — Defendant Denied Opportunity to Cross-Examine Due to Non-Prosecution of Suit. Trial Court Erred in Dismissing Suit for Default and Then Restoring It Without Notice to Defendant, Violating Principles of Natural Justice....

The petitioner, original defendant in R.C.S. No. 96 of 2007, challenged the ex-parte decree passed by the Civil Judge, Junior Division, Chalisgaon. The respondent/plaintiff had filed the suit for poss...

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Bombay High Court Allows Appeal Against Reconstruction of Suit Records Without Determining Pendency. Order for Reconstruction of 1969 Suit Records Set Aside as Prothonotary Failed to Verify Pendency and Notice Not Given to Defendants....

A suit was instituted on the Original Side of this Court in 1969 for the redemption of a mortgage executed in 1925. The Defendants were a company owned by the State of Madhya Pradesh, the State itself...

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Bombay High Court Dismisses Application to Reject Plaint in Trade Mark Infringement Suit Where Defendant's Mark is Registered. Court Holds That Registration of Defendant's Mark Does Not Bar Suit for Infringement Under Sections 29 and 30 of Trade Marks Act, 1999, and Plaint Cannot Be Rejected Under Order 7 Rule 11 CPC....

The dispute arose from a suit for infringement and passing off filed by the plaintiff, M/s. Siyaram Silk Mills Limited, against the defendants, M/s. Shree Siyaram Fab Private Limited and three individ...

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Bombay High Court Upholds Conviction Under NDPS Act for Possession of Ganja — Section 50 Compliance Not Required for Baggage Search. Appellants convicted under Section 20(b) of NDPS Act for possessing 18 kg and 16 kg of Ganja; court held that Section 50 safeguards apply only to personal search, not to search of bags or articles....

The case involves two appeals filed by Sandeep @ Santosh Waghmare (original accused no.1) and Suresh Tiwari (original accused no.2) against their conviction and sentence under Section 20(b) of the Nar...

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High Court of Bombay at Goa Allows Extension of Time to File Written Statement in Motor Accident Claim Petition — Order 8 Rule 1 CPC Not Applicable. The court held that Rule 300 of the Goa Motor Vehicles Rules, 1991 does not include Order 8 Rule 1 CPC, and the Tribunal has discretion to extend time for filing written statement under Rule 292....

The petitioner, Mr. Braz Dias, filed a writ petition challenging an order of the Motor Accident Claims Tribunal, Margao, which rejected his application for extension of time to file a written statemen...

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Bombay High Court Allows Appeal in Hotel Business Dispute — Conducting Agreement Expired, No Tenancy Rights Created. Agreement for Conducting Hotel Business Held Not to Confer Tenancy Rights Under Transfer of Property Act, 1882....

The appellants (original plaintiffs) filed a suit in 1987 seeking declaration that an agreement dated 16th August 1984 for conducting a hotel business named 'Hotel Park View' had expired by efflux of ...