Bombay High Court

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Bombay High Court Dismisses Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Fact Not Disturbed. Court holds that a co-owner cannot claim adverse possession against another co-owner without clear ouster and that a second appeal under Section 100 CPC cannot be entertained on questions of fact....

The appellant, Dattatraya Bajirao Kale, original defendant No.5, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the concurrent findings of the trial court and th...

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High Court of Judicature at Bombay Allows Appeal in Motor Accident Claim Case — Deceased Driver's Income Exceeds Threshold Under Section 163A of Motor Vehicles Act, 1988. Claim Under Section 163A Not Maintainable as Deceased's Annual Income Exceeded Rs.40,000/- Limit Prescribed Under Second Schedule....

The appellants, legal heirs of deceased Kailas Vithal Nanaware, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal, Baramati, seeking c...

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Bombay High Court Acquits Accused in Rape Case Due to Unreliable Testimony of Mentally Ill Victim and Lack of Corroboration. Conviction under Sections 342 and 376 IPC set aside as sole testimony of schizophrenia patient was inconsistent and unsupported by medical or other evidence....

The appellant, Nandlal Zagadu Yadav, was convicted by the Additional Sessions Judge, Greater Mumbai in Sessions Case No.77/2008 for offences under Sections 342 (wrongful confinement) and 376 (rape) of...

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Bombay High Court Acquits Four Accused in Murder Case Due to Lack of Credible Evidence and Doubtful Identification. Conviction under Sections 302, 307, 324, 143, 147, 148, 149 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The case involves four criminal appeals arising from a common judgment of the Additional Sessions Judge, Nagpur in Sessions Trial No. 278 of 2016, convicting the appellants for offences including murd...

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Bombay High Court Dismisses Revision Against Rejection of Order 7 Rule 11 Application in Suit for Recovery — Limitation is a Mixed Question of Fact and Law Not Decided at Threshold. Plaint Averments Show Cause of Action Arose in 2010, Suit Filed Within Three Years, Not Barred by Limitation....

The applicants (original defendants) filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the order of the Trial Court dated 30.06.2017, which rejecte...

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Bombay High Court Acquits Four Accused in Murder Case Due to Unreliable Testimony of Interested Witnesses and Lack of Corroboration. Conviction under Sections 302, 307, 324, 143, 147, 148, 149 IPC set aside as sole eye-witness was a close relative of deceased and testimony suffered from material contradictions and improvements....

The case involves four criminal appeals arising from a common judgment of the Additional Sessions Judge, Nagpur, convicting the appellants for offences under Sections 302, 307, 324, 143, 147, 148, 149...

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Bombay High Court Dismisses Revision Against Rejection of Order 7 Rule 11 Application in Suit for Recovery. Limitation Period for Suit Based on Oral Agreement Runs from Date of Refusal to Pay, Not from Date of Knowledge of Sale Deeds....

The case involves a civil revision application filed by the defendants (applicants) challenging the order of the trial court rejecting their application under Order 7 Rule 11(d) of the Code of Civil P...

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Bombay High Court Allows Medium Enterprise to Invoke MSMED Act Arbitration as Supplier of Small Enterprise Goods. The court held that a Medium Enterprise can invoke Section 18 of the MSMED Act, 2006 if it supplies goods manufactured by a small enterprise, relying on the definition of 'supplier' under Section 2(n)(iii)....

The petitioner, M/s. Metaforge Engineering (I) P. Ltd., a company registered under the Companies Act and classified as a Medium Enterprise, filed an application under Section 18 of the Micro, Small an...

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Bombay High Court Quashes FIR Against Advocate in RTI Dispute — No Offence Under Sections 353, 323, 504, 506 IPC Made Out. Allegations of Obstruction of Public Servant Fail as Informant Not Discharging Public Duty at Time of Incident....

The applicant, a practicing advocate, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 120/2019 registered at Deoni Police Station, La...