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Bombay High Court Dismisses Second Appeal in Pre-emption Suit — Letter Held to Constitute Waiver of Right of Pre-emption. Agreement among co-sharers to give preference in sale was waived by plaintiff's letter consenting to sale to stranger....

The appellant, original plaintiff, filed a second appeal against the judgment and decree dated 31.08.1994 in Regular Civil Appeal No. 2/1993 passed by the Additional District Judge, Buldhana, which co...

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Bombay High Court Grants Summary Judgment for Recovery of Price of Goods Sold and Delivered Under Order XXXVII CPC — Defendant Fails to File Reply to Summons for Judgment. Interest Reduced from 18% to 12% per annum as Court Exercises Discretion Under Order XXXVII Rule 3(6)(a) CPC....

The plaintiff, Chandur Moriani, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant, Vinod Gada, for recovery of the price of goods sold and delivered. ...

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Bombay High Court Allows Examination of Witnesses Despite Presence During Deposition in Election Petition — No Statutory Bar Under CPC or Evidence Act. Court Holds That Mere Presence of Witness During Earlier Testimony Does Not Automatically Disqualify Them Under Section 135 of Indian Evidence Act, 1872 or Section 151 of Code of Civil Procedure, 1908....

This judgment arises from an election petition (Election Petition No. 1 of 2009) filed by Indur Kartar Chhugani against Ms. Priya Sunil Dutt in the Bombay High Court. The petitioner sought permission ...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Construction Contract Dispute — Rejects Challenge Under Section 34 of Arbitration and Conciliation Act, 1996. Court holds that findings of fact by arbitrator are not open to reappraisal and that the arbitrator's interpretation of contract terms is final unless perverse....

The petitioner, Indian Oil Corporation Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award dated 31st January, 2007. The dispute arose o...

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High Court Upholds Conviction of Husband and In-Laws for Cruelty and Culpable Homicide in Dowry Harassment Case. Medical Evidence Confirms Homicidal Death, Rejecting Defense of Accidental Injury....

This criminal appeal arose from the conviction of the appellants—husband Angad, his father Rajendra, and his mother Malanbai—for cruelty and culpable homicide in connection with the death of Chabu...

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High Court of Judicature at Bombay, Bench at Aurangabad, Acquits Appellant in IPC Section 324 Case Due to Unreliable Identification and Lack of Test Identification Parade. Conviction Based on Testimony of Interested Witnesses Without Independent Corroboration and Contradictory Medical Evidence Rendered It Unsustainable....

The case arose from a criminal appeal challenging the conviction of the appellant under Section 324 read with Section 34 of the Indian Penal Code by the Additional Sessions Judge, Ahmednagar. The appe...

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Bombay High Court Dismisses Petition for Mandamus in M.Ed. College Affiliation Dispute — Admission Without Affiliation Violates NCTE Regulations. Petitioner's failure to obtain affiliation before admitting students for 2009-2010 academic year disentitles it to relief under Article 226 of the Constitution of India....

The petitioner, a charitable trust running an M.Ed. college, sought permission from the NCTE and the State Government to start the college. The Government granted permission on 13/8/2009 subject to th...

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Bombay High Court Allows Petitioner in Tenancy Dispute Due to Delayed Suo-Motu Inquiry Under Section 84-C of Bombay Tenancy & Agricultural Lands Act, 1948. Three-Year Delay in Initiating Inquiry Held Unreasonable, Forfeiture Order Quashed....

The petitioner, Appa Dadu Patil, through his power of attorney holder, challenged the orders passed by the Tenancy Avval Karkoon, the Sub-Divisional Officer, and the Maharashtra Revenue Tribunal (MRT)...