Bombay High Court

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42(2) of NDPS Act. Secret Information Not Sent to Superior Officer Renders Search Illegal and Conviction Unsustainable....

The appellant, Majjidkha s/o Hanifkha Khan, was convicted by the Special Judge, Chandrapur in Special Case No.10/2004 for an offence punishable under Section 20(b)(ii) of the Narcotic Drugs and Psycho...

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Bombay High Court Dismisses Petition Challenging Appellate Court's Order Granting Temporary Injunction in Tenant Dispute. District Judge's Power to Reappreciate Evidence in Injunction Appeals Upheld Under Order 39 CPC....

The petitioners, Abidbhai and Musabhai, filed a writ petition challenging the judgment and order dated 17th January 2014 passed by the District Judge, Nagpur in Misc. Civil Appeal No. 99 of 2013. The ...

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Bombay High Court Allows Reference Under Section 36B of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 — Civil Court Must Refer Issue of Sale Deed Validity to Competent Authority. The court held that the provision is mandatory and the civil court cannot decide the effect of the Act on a document itself....

The petitioners, defendants in Regular Civil Suit No. 215/2013, challenged the order dated 29.06.2017 passed by the Joint Civil Judge, Junior Division, Gondia, rejecting their application under Sectio...

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Bombay High Court Allows Recall of Witness for Cross-Examination in Civil Suit — Procedural Rules Subserve Justice. Inherent powers under Section 151 CPC can be invoked to recall a witness for cross-examination when counsel was delayed due to unavoidable circumstances, as rules of procedure are handmaids of justice....

The petitioner, Michelle Rejji Cope, filed a writ petition challenging the order of the trial court refusing to recall a witness for cross-examination. The respondent, Murial wd/o Benhar Cope, was the...

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High Court of Bombay at Goa Dismisses Civil Revision Application in Tenancy Dispute — Order VII Rule 11 CPC Application Properly Dismissed. Plaint Not Barred by Law as Tenancy Claim Requires Proof, Not Mere Allegation....

The applicant, Blaze Fernandes, filed a Civil Revision Application under Section 115 CPC challenging the order dated 08.03.2018 of the Civil Judge Junior Division, Panaji, dismissing his application u...

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Bombay High Court Dismisses Appeal in Property Dispute Over Flat Allotment and Possession. Court upholds concurrent findings that appellants failed to prove title or possession, and that the suit was not barred by limitation or the Cooperative Societies Act....

The case involves a second appeal by original defendant nos. 7 and 8 (appellants) against the judgment and decree of the District Court, Pune, which confirmed the trial court's decree in favor of the ...

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Bombay High Court Allows Appeal in Tenancy Dispute — Section 32M Certificate Conclusive Proof of Ownership. Certificate issued under Section 32M of Bombay Tenancy and Agricultural Lands Act, 1948 is conclusive evidence of tenant's purchase and civil court cannot ignore it....

The appellant, Pushpalata Narayan Thorbole, filed a second appeal against the judgment and decree dated 1.4.2014 passed in Regular Civil Appeal No. 145 of 2001 by the Principal District Judge, Sindhud...

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High Court Acquits Appellant in Murder Case Based on Weak Circumstantial Evidence. Conviction Under Section 302 IPC Set Aside as Prosecution Failed to Prove Last Seen and Motive, and Improperly Relied on Section 106 Indian Evidence Act....

The case arose from a criminal appeal filed by Ulhas Sudam Gorhe against his conviction for murder under Section 302 of the Indian Penal Code. The appellant and the deceased, Kavita Sanjay Kamble, wer...

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Bombay High Court Allows Appeal Against Demolition Order in Municipal Corporation Dispute — Violation of Natural Justice as No Show Cause Notice Was Issued Before Demolition Under Section 351 of Mumbai Municipal Corporation Act, 1888. The court held that Section 351 requires a notice before demolition, and failure to do so renders the demolition illegal....

The appellants, M/s. B.D. Jogani & Company and its partners, were occupants of premises in Jaywant Industrial Estate, Mumbai. The Municipal Corporation of Greater Mumbai (MCGM) demolished a part of th...