Bombay High Court

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Bombay High Court Dismisses Second Appeal in Land Encroachment Suit — Concurrent Findings of Fact Not Interfered With. Plaintiff Failed to Prove Title and Encroachment Over Suit Land; Appeal Dismissed Under Section 100 CPC....

The present second appeal was filed by the original plaintiff, Sau. Indira Chhabildas Jadhav, challenging the concurrent judgment and decree passed by the learned District Judge-1, Amalner, in Regular...

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Bombay High Court Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued as Consideration for Sale Deed. Defence of Security Cheque Rejected as Accused Failed to Rebut Presumption Under Section 139....

The case involves a criminal revision application filed by Rajendra Mahadeorao Chaudhary (applicant/original accused) challenging his conviction under Section 138 of the Negotiable Instruments Act, 18...

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Bombay High Court Allows Secondary Evidence in Specific Performance Suit — Photocopy of Agreement Admissible When Original Not Produced Despite Notice. Court holds that under Section 65 of the Indian Evidence Act, 1872, secondary evidence is permissible if the original is not produced after notice, and objections as to completeness go to weight, not admissibility....

The petitioners, original defendant nos. 3 to 10 in a suit for specific performance of an agreement dated 22.11.1990, challenged an order of the trial court allowing the plaintiff (respondent no.3) to...

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High Court of Bombay at Goa Allows Appeal Against Acquittal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted by Accused Who Did Not Enter Witness Box. Acquittal Set Aside as Perverse; Accused Convicted and Fined ₹2,50,000 with Compensation to Complainant....

The appellant, Ivan Singh, filed a criminal appeal against the acquittal of the respondent, Shivaji Tukaram Naik, by the Judicial Magistrate First Class (JMFC), Panaji, in a complaint under Section 13...

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Bombay High Court Allows Wife's Petition to Quash FIR Under Section 498A IPC and Dowry Prohibition Act Due to False Allegations and Malicious Prosecution. The court quashed the FIR as the allegations were found to be false and motivated, and the wife had made contradictory statements....

The petitioner, Sangeeta Santosh Kadam, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of...

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Bombay High Court Quashes Criminal Proceedings Against Accused in Cheque Dishonour Case Due to Lack of Vicarious Liability. Proprietor of Firm Not Liable for Cheque Issued by Another Proprietorship Without Specific Allegation of Role in Day-to-Day Affairs Under Section 138 of Negotiable Instruments Act, 1881....

The case involves two criminal writ petitions filed by Mahesh Pralhad Salunke and Dhananjay Pralhad Salunke challenging an order dated 5 February 2019 passed by the Judicial Magistrate First Class, 4t...

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Bombay High Court Quashes Criminal Proceedings Against MakeMyTrip Officials in Trademark Infringement Case — Domain Name Dispute Lacks Criminal Intent. Court holds that mere registration of similar domain names without evidence of dishonest intention does not constitute criminal offence under Sections 63, 103, 104 of the Trade Marks Act, 1999....

The case involves three criminal applications filed by Rajesh Dalal (Vice President), Make My Trip India Pvt. Ltd., and Deep Kalra (CEO) seeking quashing of criminal proceedings initiated by Ezeego On...

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Bombay High Court Dismisses Writ Petition Challenging Execution Decree in Property Dispute — No Jurisdictional Error Found in Trial Court's Order. Court held that objections under Order 21 Rule 97 CPC regarding obstruction in execution must be adjudicated on merits and cannot be rejected summarily without hearing parties....

The petitioners, legal representatives of the original plaintiff Kumarpal N. Shah, filed a writ petition challenging an order dated 30th June 2018 passed by the City Civil Court, Mumbai, in Execution ...