Bombay High Court

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Bombay High Court Dismisses Execution Applications for Want of Prosecution Under Rule 329 of Bombay High Court Original Side Rules. Execution applications filed by a financial services company against multiple judgment debtors were dismissed as no steps were taken for over 12 months....

The judgment concerns multiple execution applications filed by Mahindra & Mahindra Financial Services Ltd. against various judgment debtors, including Usha Vinod Tiwari, Tejas Rajendra Gohil, Shyam Ba...

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Bombay High Court Dismisses State Appeal Against Acquittal of Police Officials in Custodial Death Case. Court finds no evidence of torture or extortion under Section 330 IPC as deceased was taken to hospital and no injuries proved....

The State of Maharashtra filed an appeal against the judgment of the Judicial Magistrate First Class, Pimpri, dated 27 May 2003, acquitting two police officials (accused no.1 and accused no.2) of an o...

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Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant failed to establish existence of debt or liability under Section 138 of Negotiable Instruments Act, 1881 as loan transaction was not proved....

The appellant, Smt. Tasneem Murshedkar Mazhar, was the original complainant in a summary criminal case under Section 138 of the Negotiable Instruments Act, 1881, against respondent no.1, Ramesh Dhanra...

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High Court of Bombay Allows Encashment of Bank Guarantee in Winding Up Proceedings — Security Deposit Refund Ordered. Court held that failure to finalize leave and license agreement within extended period entitled applicant to refund of security deposit, and bank guarantee furnished pursuant to consent order could be encashed upon expiry....

The applicant, Palladian Hotels Private Limited, filed a company application seeking an order to encash a bank guarantee of Rs.38,53,000/- furnished by the respondent, Hotel Horizon Private Limited, a...

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Bombay High Court Dismisses Petition Challenging Revenue Tribunal's Order in Tenancy Act Land Transfer Dispute. Petitioner failed to prove that respondent No.4 was not an agriculturist under Section 63 of the Maharashtra Tenancy and Agricultural Lands Act, 1948....

The petitioner, Nilesh Ravindra Varode, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, challenging the judgment and order dated 19...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud....

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific performance. The original suit was filed by Manohar U. S...

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Bombay High Court Commutes Death Sentence to Life Imprisonment in Quadruple Murder Case Due to Lack of Aggravating Circumstances and Possibility of Reformation. Court Holds That the Case Does Not Fall Within the 'Rarest of Rare' Category Under Section 302 IPC....

The case involves the confirmation of a death sentence and an appeal against conviction. The accused, Gajanan Wasudeo Mali, Nandesh Gajanan Mali, and Deepak Gajanan Mali, were prosecuted for the murde...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal on Grounds of Improper Appreciation of Evidence and Reverses Finding of Duress. The Court held that the defence of cheque issued under force was not proved and the presumption under Section 139 of the Negotiable Instruments Act, 1881 was not rebutted....

The case involves a criminal appeal filed by the original complainant, Girdharilal Agrawal, against the acquittal of the accused-respondents (State of Maharashtra, M/s. Anil Scrap Industries Pvt. Ltd....

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Bombay High Court Allows Appeal Against Remand Order in Adverse Possession Suit — Trial Court Decree Restored. First Appellate Court Exceeded Jurisdiction by Remanding Suit for Filing Written Statement Despite Proper Procedure Being Followed....

The case arises from a suit for declaration of ownership based on adverse possession filed by the plaintiffs (appellants) against the defendant (respondent). The trial Court decreed the suit in favor ...