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Bombay High Court Allows Writ Petition Challenging Order to Pay Deficit Stamp Duty on MOU in Specific Performance Suit. MOU Not an Agreement of Sale Under Bombay Stamp Act, 1958 as No Consideration Paid or Possession Delivered.

The petitioners, M/s Dharati Developers and its partners, filed a suit for specific performance of a Memorandum of Understanding (MOU) dated 24th Janu...

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Bombay High Court Allows Revision Application in Suit for Permanent Injunction — Dispute Over Property Rights and Possession. Court Holds That Trial Court Erred in Dismissing Application Under Order 39 Rule 1 and 2 CPC Without Proper Application of Mind and Without Considering Prima Facie Case.

The revision application was filed by the applicants (original plaintiffs) challenging the order dated 23.11.2017 passed by the trial court dismissing...

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Bombay High Court Dismisses Writ Petitions by Market Committee and Licensee in Suit for Possession and Mesne Profits — Licensee Estopped from Denying Licensor's Title Under Section 116 Evidence Act, 1872; Market Committee Not Necessary Party in Co-owner Dispute.

The case involves a dispute over possession of a shop in a market yard. The plaintiffs, Mohammad Hanif Abdul Wahid Shaikh and Mohammad Asif Mohammad H...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Failure to Prove Common Intention. Conviction under Section 302 read with 34 IPC set aside as prosecution failed to establish the common object and individual overt acts beyond reasonable doubt.

The case involves two criminal appeals arising from a judgment of the Sessions Court convicting Shankar Sonu More and Ravindra Kashinath More (origina...

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Bombay High Court Quashes Criminal Proceedings Against Public Servants in SC/ST Act Case for Lack of Sanction Under Section 197 CrPC. Cognizance of Offences Under Sections 504, 506 IPC and Sections 3(1)(x), 3(1)(xi) of SC/ST Act Set Aside as Mandatory Sanction Not Obtained.

The petitioners, Amol Pralhad Bharati, Kapil Shiv Bharati, Pralhad Onkar Bharati, and Avinash Pralhad Bharati, were original accused in Regular Crimin...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Lower Courts. Family Arrangement and Benami Transaction Allegations Rejected as Property Purchased by Deceased from Own Earnings and Joint Family Income.

The case involves a partition suit filed by the wife and children of the deceased Macchhindra against his brothers (appellants). The plaintiffs sought...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Specific Performance Suit. Amendment Allowed Under Order VI Rule 17 CPC as No Prejudice Caused to Defendants.

The petitioners, Amartya Deshmukh (minor) and Haribhau Deshmukh, filed a writ petition challenging the order dated 07-01-2017 passed by the learned Di...

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Bombay High Court Upholds Compensation Over Reinstatement for Daily Wage Employee in Unfair Labour Practice Case. Refusal of reinstatement and back wages upheld as employee worked only for 4 years and compensation of Rs. 25,000 deemed adequate under MRTU & PULP Act, 1971.

The petitioner, Jagdish s/o Karuji Bombarde, was a daily wage employee of the Municipal Council, Tumsar. He was appointed in February 1997, transferre...

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Madras High Court Dismisses Insurance Company's Writ Against Ombudsman Award in PMFBY Crop Insurance Dispute. Error in Village Name by Cooperative Society Does Not Shift Liability to Insurer; Ombudsman's Award Upheld.

The case involves a dispute under the Pradhan Mantri Fasal Bima Yojana (PMFBY) scheme. The first respondent, a non-loanee farmer, insured her crops th...