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Bombay High Court Dismisses Criminal Contempt Petition for Lack of Prima Facie Case. Allegations of Creating Third-Party Rights and Obtaining Consent Decree Without Disclosing Pending Proceedings Do Not Constitute Criminal Contempt Under Section 2(c) of the Contempt of Courts Act, 1971.

The case involves a criminal contempt petition filed by Dr. Ramesh D. Pandit and another (original plaintiffs) against Smt. Janabai and others (origin...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Restores Trial Court Decree for Specific Performance of Agreement to Sell. Delivery of Possession Under Agreement Constitutes Part Performance, Entitling Purchaser to Specific Performance Under Specific Relief Act, 1963.

The case involves two second appeals arising from cross-suits between Dadasaheb Dhondiba Jagtap (appellant) and Anant Shivram Poman (respondent) conce...

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Bombay High Court Dismisses Probate Petition in Testamentary Suit No. 13 of 1994 — Will Not Proved Due to Suspicious Circumstances. Propounders Failed to Discharge Burden of Proving Due Execution Under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiffs, Harish Vithal Kulkarni and Shivanand Vishwanath Warty, claiming to be executors under a Will dated 11th October, 1991 of Mahadeo Sabni...

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Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind and Non-Supply of Documents. Nephew of detenu successfully challenged preventive detention order under Section 3(1) of COFEPOSA on grounds of procedural irregularities and lack of material evidence.

The petitioner, nephew of the detenu Salma Karolia, challenged a detention order dated 30th September 2014 issued under Section 3(1) of the Conservati...

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Bombay High Court Dismisses Landlords' Petition for Eviction on Ground of Reasonable and Bona Fide Requirement — Concurrent Findings of Fact Not Interfered With. Landlord's Own Witness Admitted No Need for Possession, Defeating Claim Under Rent Control Law.

The petitioners, landlords of commercial premises in Kolhapur, filed a suit for eviction against the tenant on grounds of non-user, erection of perman...

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Bombay High Court Sets Aside Family Court Order Disturbing Child Custody Based on Consent Without Welfare Inquiry. The court held that a custody order under Section 8 of the Guardians and Wards Act, 1890 cannot be passed solely on consent without considering the welfare of the child.

The case involves an appeal by the father (Appellant 'A') against a Family Court order dated 15 July 2014 that disturbed the custody of his two minor ...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Pay and Recover Order Despite Driver Being Minor Without License. Third Party Claimants Entitled to Compensation; Insurer to Recover from Owner Who Knew of Lack of License.

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the legal heirs of a deceased person ...