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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Rejection of Plaint and Decree on Counterclaim. Court holds that rejection of plaint under Order VII Rule 11 CPC does not require notice to plaintiff and that counterclaim can be decreed ex parte if plaintiff fails to appear....

The appellants, Smt. Vijaya Wd/o Vijay Vitthalani and her minor children, filed a suit for specific performance of contract and injunction against the respondent, Jagdish Kanjubhai Vitthalani, in the ...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 of the NI Act Stands Unless Rebutted by Accused....

The appellant, Smt. Kiran w/o Yugalkishore Bhattad, filed a criminal appeal against the judgment of the 7th Judicial Magistrate, First Class, Nagpur (Special Court under the Negotiable Instruments Act...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Dismissal on Limitation Grounds. Court holds that limitation period for filing complaint under Section 138 of Negotiable Instruments Act, 1881 runs from date of receipt of notice by accused, not from date of dispatch....

The appellant, Krishnakumar Vishwanathprasad Chaturvedi, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Mrs. Rekha Dilip Thakur, alleging dishonour...

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Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case — Reverses Acquittal Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence....

The case involves two criminal appeals filed by the original complainant, Sandeep Shirodkar, against the acquittal of the accused, Shankar Dhawaskar, by the Additional Sessions Judge, South Goa, Marga...

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Bombay High Court Dismisses Appeal of Employee Seeking Reinstatement Beyond Age 60 — Employee Not Covered Under BIR Act as He Was Not an 'Employee' Under Section 3(13)....

The appellant, Shri Vithal Bakula Kokate, was initially appointed as a Learner by Podar Mills in 1966 and later promoted to various positions, ultimately becoming a Super Senior Assistant Master in 19...

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Bombay High Court Allows Writ Petition Challenging Invalidation of Thakur Scheduled Tribe Certificate. Court holds that Scrutiny Committee must consider all relevant documents including pre-constitutional records and cannot reject claim solely on basis of affinity test....

The petitioner, Kumari Kavita Baliram Wagh, filed a writ petition challenging the decision dated 14-10-2009 of the Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, which invalidated...

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Bombay High Court Upholds Conviction for Murder Based on Circumstantial Evidence and Last Seen Theory. Appellant's conviction under Section 302 IPC for murder of his master confirmed as chain of circumstances including motive, last seen, and recovery of weapon was complete....

The appellant, Baban Tukaram Kapse, was convicted by the Sessions Judge, Wardha, for the murder of his master Govinda Ganpatrao Girde under Section 302 IPC and sentenced to life imprisonment. The pros...

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Bombay High Court Upholds Conviction of Appellants for Murder and Hurt in Fatal Assault Case — Common Intention Established Under Section 34 IPC. The court affirmed life imprisonment for murder under Section 302 IPC and additional sentence for causing hurt under Section 324 IPC based on credible eyewitness testimony and dying declaration....

The case arises from an incident on 8.5.2001 at about 20.00 hours in Rampuri, District Bhandara, where the appellants Motiram and Ratiram, along with one Ramesh (who was acquitted), allegedly assaulte...

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Bombay High Court Acquits Accused in Hut Burning Case Due to Lack of Evidence and Inconsistent Testimony. Conviction under Section 436 IPC for mischief by fire set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Kishor Marotrao Raut, was convicted by the Adhoc Additional Sessions Judge, Wardha, in Sessions Trial No. 7/2008 for an offence punishable under Section 436 of the Indian Penal Code (IP...

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Bombay High Court Dismisses Tenant's Petition in Rent Control Eviction Suit for Landlord's Bona Fide Need. Landlord's Title Under Will and Bona Fide Requirement for Advocate's Office Upheld Under Section 16(1)(g) of Maharashtra Rent Control Act, 1999....

The petitioner, Manhar Auto Stores, a partnership concern, was a tenant in a shop premises owned by Dr. Hansrajbhai Shah, who executed a registered Will bequeathing the property to the respondent, Kal...