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Bombay High Court Allows Appeal Against Interim Injunction in Property Dispute — Exception for Defendants' Possession Set Aside. The Court held that the Plaintiff had made out a strong prima facie case and balance of convenience favoured an absolute injunction, setting aside the exception for the Second and Third Defendants....

The appeal arose from a judgment of a learned Single Judge on a motion for interim relief in a suit for injunction. The Plaintiff, Variegate Realestate Private Limited, sought to restrain the First De...

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Bombay High Court Dismisses Revision Against Execution Proceedings in Partition Suit — Decree Holder's Right to Execute Decree Not Barred by Limitation or Res Judicata. Execution Application Filed Within 12 Years Under Article 136 of Limitation Act, 1963 is Maintainable....

The petitioners, who were judgment-debtors in a partition suit, filed a Civil Revision Application challenging the order dated 16th April 2004 passed by the Civil Judge, Senior Division, Sangamner, in...

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Bombay High Court Allows Appeal in Land Encroachment Case — Remands for Fresh Consideration of Mesne Profits and Measurement Evidence. The court found that the lower appellate court failed to properly appreciate the DILR measurement report and the claim for mesne profits, warranting remand....

The appellants, original plaintiffs, filed R.C.S. No. 31 of 1985 against the respondents for recovery of an encroached portion of land and mesne profits. The land in question was Survey No. 55 admeasu...

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Bombay High Court Dismisses Petition Challenging Injunction in Trade Mark Infringement Suit — 'Aerotide' vs 'Ferotide' Found Deceptively Similar. Phonetic and structural similarity between marks for pharmaceutical products justified interim restraint under Trade Marks Act, 1999....

The petitioner, Ferring Pharmaceuticals Pvt. Ltd., challenged an interim injunction order dated 05.03.2010 passed by the District Judge-3, Ahmednagar, in Trade Mark Suit No. 02 of 2009. The respondent...

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Bombay High Court Dismisses Petition Challenging CRPF Recruitment Rejection Due to Tattoo on Forehead. Tattoo on forehead of candidate for CRPF constable post held to be a valid ground for rejection as it violates discipline and image of uniformed force....

The petitioner, Rahul s/o Vijay Haul, applied for the post of Constable (General Duty) in the Central Reserve Police Force (CRPF) pursuant to an advertisement issued in 2009. He was called for the rec...

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Bombay High Court Allows Landlord's Petition in Rent Control Eviction Case for Bonafide Need and Alternate Accommodation. Tenant's Acquisition of Alternate Accommodation and Landlord's Physical Disability Justify Eviction Under Clauses 13(3)(v) and (vi) of C.P. & Berar Letting of Premises and Rent Control Order, 1949....

The petitioner, Narendra Gulabrao Zade, a landlord, sought eviction of the respondent tenant, Shivcharan Ghashiram Gupta (since deceased, through legal representatives), from suit premises under Claus...

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Bombay High Court Allows Writ Petitions Against ITAT Order Dismissing Appeal for Non-Prosecution — Tribunal Must Decide on Merits When Assessee Appears and Seeks Adjournment. Dismissal for default violates principles of natural justice under Article 226 of Constitution of India and Section 254 of Income Tax Act, 1961....

The petitioner, M/s. Jagjivandas Nandlal & Co., filed two writ petitions under Article 226 of the Constitution of India challenging orders of the Income Tax Appellate Tribunal, Mumbai Bench. The first...

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Bombay High Court Dismisses Bail Application of Insurance Agent in Cheating and Forgery Case, Holding that Custody is a Pre-requisite for Bail Under Section 439 CrPC. The Court Also Ruled That After the Filing of the Charge Sheet, the Bail Application Must Be Filed Before the Trial Magistrate, Not the Sessions Court....

The applicant, an insurance agent of ICICI Prudential Life Insurance Company Limited, faced charges under Sections 417, 420, 465, 468, 471 read with 34 of the Indian Penal Code, 1860 for allegedly mis...

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Bombay High Court Upholds Conviction of Appellants in Murder and Attempt to Murder Case — Life Imprisonment Maintained for Unlawful Assembly and Rioting. The court found that the prosecution proved the common object of the assembly and the active participation of each appellant in the assault, leading to the death of one person and injuries to others....

The case arises from a factional clash in Borale village, Solapur district, where the appellants, along with others, were convicted for the murder of one person and attempt to murder two others. The p...