Bombay High Court

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Remands for Fresh Consideration on Limitation. The appellate court's dismissal of suit as barred by limitation was set aside as it failed to consider the plaintiff's case that refusal occurred on 30 March 1972, not 31 March 1972....

The case involves a second appeal filed by the original plaintiff (now represented by legal heirs) against the judgment of the District Court, Solapur, which dismissed the plaintiff's suit for specifi...

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Bombay High Court Dismisses Writ Petition Challenging Appointment of Court Commissioner in Execution of Partition Decree. Executing Court's Order to Appoint Commissioner to Propose Mode of Execution Upheld as Not Final and Subject to Objections....

The petitioner, Pramod Dattatraya Kand, the judgment debtor, challenged an order dated 07.09.2019 passed by the Executing Court in Final Decree Application No.3 of 2014. The respondent, Sow. Sudha Kri...

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Bombay High Court Modifies Conviction from Murder to Culpable Homicide in Neighbourhood Dispute Case. Accused Dinesh Sawale convicted under Section 304(II) IPC for causing death by sudden fight without premeditation....

The case involves two criminal appeals arising from a neighbourhood dispute. On 2 September 2007, at about 8:15 pm, a quarrel broke out between the complainant Pankaj Walde's family and the accused pe...

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Bombay High Court Quashes Technical Clearance for Wall Construction Due to Violation of Natural Justice. Minister's Order Set Aside for Failure to Hear Complainant Before Reversing Earlier Denials....

The petitioners, Pedro Joao Rodrigues and Pobres Calista Rodrigues, filed a writ petition challenging an order dated 16/7/2018 by which the Minister of Town and Country Planning (respondent no.6) gran...

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Bombay High Court Dismisses State Appeal Against Acquittal in Railways Property Act Case — Failure to Prove Seized Goods Were Railway Property. Confessional Statements and Lack of Independent Witnesses Lead to Acquittal Under Section 3(a) of Railways Property (Unlawful Possession) Act, 1966....

The State of Maharashtra appealed against the acquittal of two accused persons, Mohammed Ibrahim Lal Mohammed and Mohd. Arshad Mohd. Ibrahim, who were charged under Section 3(a) of the Railways Proper...

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Bombay High Court Dismisses State Appeal Against Acquittal in Robbery Case Due to Lack of Identification and Recovery. Conviction under Section 392 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The State of Maharashtra appealed against the acquittal of the accused, Shivaji Haribhau Jirase, by the trial court for an offence under Section 392 of the Indian Penal Code (robbery). The prosecution...

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Bombay High Court Partly Allows Writ Petition in Leave and Licence Dispute — Directs Payment of Licence Fees at Contractual Rate with 7.5% Annual Escalation. The court modified the trial court's order under Order XV-A CPC to include escalation and maintenance charges as per separate agreements....

The petitioners (defendants in the suit) challenged an order dated 01/01/2019 passed by the Small Causes Court, Nagpur, which partly allowed their application under Order XV-A CPC and directed the res...

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Bombay High Court Dismisses Appeal by Revenue Authorities in Stamp Duty Dispute — Security-cum-Mortgage Bond for Guaranteeing Third-Party Loan is Collateral Security Under Article 40(c) of Maharashtra Stamp Act, 1958, Not a Mortgage Deed Under Article 40(a)....

The present Letters Patent Appeal was filed by the Joint District Registrar and Collector of Stamps, Nagpur, and the Chief Controlling Revenue Authority, Maharashtra, against the judgment of a learned...

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Bombay High Court Allows Tax Appeal in Family Settlement Capital Gains Case — Reopening Under Section 147/148 Invalid Due to Change of Opinion and Limitation. Consent Decree Approved by Civil Court Held to Be a Bona Fide Family Arrangement Not Attracting Capital Gains Tax....

The case involves a tax appeal by the Power of Attorney holder of Lorna Margaret Pinto, a Non-Resident Indian, against the Assistant Commissioner of Income-tax. The appellant and her sisters were invo...

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Bombay High Court Allows Review Petition in Gratuity Forfeiture Case — Petitioner's Termination for Misappropriation Does Not Automatically Forfeit Gratuity Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972. Court holds that forfeiture requires proof of loss caused by the employee's misconduct, and mere termination for misconduct is insufficient....

The petitioner, Laxman Balu Deualkar, was an ex-employee of the Kolhapur District Central Co-op. Bank Ltd. He was chargesheeted for misappropriation of funds and, after a departmental enquiry, his ser...