Search Results for "Kolhapur"

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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Bombay High Court Allows Appeal Against Order Returning Plaint Without Reasons in Commercial Suit for Specific Performance. District Court's Order Under Order 7 Rule 10 CPC Set Aside for Lack of Reasoning and Non-Compliance with Commercial Court Act.

The appellant, Shreem Electric Limited, filed a Commercial Suit No. 4 of 2017 before the District Court, Kolhapur, seeking specific performance of pur...

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Bombay High Court Allows Furlough to Convict in Criminal Writ Petition. Furlough is a Right Under Rule 17 of Prisons (Bombay Furlough and Parole) Rules, 1959, and Rejection Based on Pendency of Appeal is Unsustainable.

The judgment pertains to two criminal writ petitions filed by Dastgir Gafur Shaha, a convict, and his father Gafur Sandu Shaha, seeking release on fur...

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Bombay High Court Upholds Validity of Rule 17(2) of the PAN Rules, 2019 in GST Registration Cancellation Case. Rule requiring PAN Aadhaar linking for GST registration revival is intra vires the Finance Act, 2017 and not violative of Article 14 or Article 19(1)(g) of the Constitution.

The petitioners, Raju Laxman Pachhapure and Amit Pramod Minache, filed two writ petitions under Article 226 of the Constitution of India challenging t...

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Bombay High Court Upholds Acquittal in Murder Case Due to Lack of Credible Evidence and Inconsistent Witness Testimony. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The State of Maharashtra appealed against the judgment and order dated 28th February 2000 passed by the VIth Additional Sessions Judge, Kolhapur, in S...

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Bombay High Court Dismisses Revision in Land Acquisition Map Dispute — Civil Court Jurisdiction Upheld. The court held that a suit challenging a land acquisition map is not barred by Section 4 of the Land Acquisition Act, 1894, as the map is not an award.

The petitioner, original defendant No.7, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the or...

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Bombay High Court Upholds Conviction for Murder Under Section 302 IPC in Fatal Assault Case. Accused's act of throwing victim on tar road and banging his head held to constitute murder with intention to cause death.

The appellant, Santosh Jambu Koge, was convicted by the Sessions Judge, Kolhapur, for the murder of Shital Patil under Section 302 of the Indian Penal...

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Bombay High Court Allows Petition to Quash Land Reservations in Development Plan for Non-Acquisition Within Ten Years Under Section 127 of MRTP Act. Reservation for MSEB extension and school/playground lapsed due to failure to acquire land within statutory period.

The petitioner, Vikramsinh Jaysingrao Ghatge, owned land bearing R.S.No.247/2/1 admeasuring 3 hectares at Kagal, District Kolhapur. The Government of ...