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High Court of Bombay at Goa Hears Appeal Against Trial Court's Refusal to Grant Specific Performance of Agreement to Sell Land. Trial Court Had Awarded Money Decree for Rs. 50,000 and Rs. 17,00,000 with Interest but Dismissed Claim for Specific Performance; Validity of Subsequent Sale Deed to Third Party Also in Issue....

The appellant, M/s. Primella Sanitary Products Pvt. Ltd., filed a civil suit for specific performance of an agreement dated 4 September 1985 against respondent nos. 1 to 6, who were brothers and their...

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Bombay High Court Allows Revision Application of Accused in Cheque Dishonour Case Due to Non-Compliance of 15-Day Notice Requirement Under Section 138(b) of Negotiable Instruments Act, 1881. Failure to Send Demand Notice Within 15 Days from Bank Information Renders Complaint Not Maintainable and Conviction Unsustainable....

The case involves a criminal revision application filed by the accused, Gurudas Budho Velip, challenging his conviction under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of two c...

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Bombay High Court Dismisses Appeals Against Attachment of Properties Under PMLA, 2002 — Confirms Provisional Attachment Orders for Alleged Money Laundering in Hawala Transactions. The court held that the properties attached were proceeds of crime derived from scheduled offences under the Prevention of Money Laundering Act, 2002, Section 5(1)....

The judgment pertains to three appeals filed by Radha Mohan Lakhotia, Radha Mohan Lakhotia (HUF), and Mrs. Asha Lakhotia against the order of the Appellate Tribunal under the Prevention of Money Laund...

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Bombay High Court Dismisses Petition Challenging Consumer Forum Order Against Credit Society for Deficiency in Service. Fixed Deposit Holder is a Consumer Under Section 2(1) of Consumer Protection Act, 1986....

The petitioners, including the Kala Hanuman Urban Credit Society and its directors, challenged an order dated 25 February 2009 passed by the District Consumer Disputes Redressal Forum, Jalgaon. The Di...

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Bombay High Court Quashes Delay Condonation Order in NI Act Case — Condonation of 4 Years 7 Months Delay Without Sufficient Cause Held Improper. The court held that the respondent failed to explain the delay of 4 years and 7 months in filing revision against process order under Section 138 of Negotiable Instruments Act, 1881....

The petitioner, Chatrapati Coop. Sugar Factory Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Amit Thepade, on 29 September 2003 for dishonou...

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Bombay High Court Allows Second Appeal in Will Dispute, Upholds Trial Court's Decree of Possession. Lower Appellate Court Erred in Rejecting Will on Grounds of Suspicious Circumstances Without Proper Scrutiny of Evidence Under Section 63 of Indian Succession Act, 1925....

The case involves a second appeal by the original plaintiffs, Purushottam Haribhau Pijgade and Gopal Laxmanrao Pajgade, against the judgment and order dated 23.1.1998 passed by the Additional District...

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Bombay High Court Dismisses Election Petition Challenging EVM Reliability in Chandrapur Assembly Constituency. Court holds that mere suspicion of EVM tampering without specific allegations of manipulation in the particular election is insufficient to set aside an election result....

The petitioner, Smt. Bita Ramteke, filed an election petition under the Representation of the People Act, 1951, challenging the election of the respondent, Nanaji Sitaram Shamkule, from the Chandrapur...

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Bombay High Court Dismisses Parents' Challenge to School Shifting, Upholds Government's Decision Based on Policy and Public Interest. The court held that shifting a school from a village to a town is permissible under the Maharashtra Secondary Schools Code, 1964, and that parents have no vested right to insist on a school remaining at a particular location....

The petitioners, parents of students studying in Standards VIII and IX at a secondary school run by respondent no.4 (Yashoda Bahu Uddeshiya Shikshan Prasarak Mandal) at village Jalgaon Nahate, Tahsil ...

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Bombay High Court at Goa Quashes Deposit Order in Appeal Under Order 41 Rule 1(3) CPC — No Stay Application Filed by Appellant. Order directing deposit of decreetal amount set aside as condition for stay cannot be imposed without appellant seeking stay under Order 41 Rule 1(3) of Code of Civil Procedure, 1908....

The petitioners/defendants challenged an order dated 18/06/2010 passed by the first appellate court directing them to deposit the decreetal amount of Rs.5,00,010.30 with interest at 18% per annum. The...

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Bombay High Court Allows Second Appeal in Divorce and Property Division Case Under Portuguese Civil Code — Sets Aside Ex-Parte Decree for Violation of Natural Justice. Failure to Serve Counterclaim and Proceed Ex-Parte Without Notice to Respondent Rendered the Trial Court's Decree Unsustainable....

The case arises from a matrimonial dispute between Sebastiao Paulo Fernandes (appellant/husband) and Filomena Fernandes (respondent/wife). The wife filed Special Civil Suit No.270/1995/III before the ...