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Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

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Bombay High Court Quashes BMC Recovery Order in Contract Dispute — Unilateral Recovery Without Notice Violates Natural Justice. Petitioner's dues cannot be withheld without prior notice and opportunity of hearing under Article 226 of the Constitution of India.

The petitioner, Michigan Engineers Pvt. Ltd., a company engaged in infrastructure and construction services, filed a writ petition under Article 226 o...

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Bombay High Court at Goa Dismisses Appeals of Occupants Challenging Eviction from Comunidade Land — Appellants Failed to Prove Title or Authorisation, Eviction Upheld Under Order 12 Rule 6 CPC and Section 38 Specific Relief Act, 1963.

The case involves five first appeals filed by Ayub Khan, Khurshida Ahmad, Salim Sandhi, Mehmood A. Ansari, and Dadapir Lohar against the State of Goa,...

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Bombay High Court Allows Writ Petition Challenging Execution of Preliminary Decree in Partition Suit — Execution of Preliminary Decree Without Final Decree Held Non Est. The court held that only a final decree is executable under Order 20 Rule 18 CPC, and execution of a preliminary decree is a nullity.

The petitioners, who were defendants in a partition suit, filed a writ petition challenging orders passed by the Joint Civil Judge, Senior Division, S...

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Bombay High Court Dismisses PIL Challenging Golf Course Construction in CRZ Area. Court holds that the subject land is not within CRZ limits based on the approved CRZ map, and the petitioner failed to establish any illegality in the permissions granted.

The petitioner, Sunil Sureshchandra Agarwal, filed a Public Interest Litigation under Article 226 of the Constitution of India before the Bombay High ...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration — Conviction for Rape and Aggravated Penetrative Sexual Assault Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Vikas Shantaram Shinde, was convicted by the Special Court under Sections 376(2)(i)(j)(n) and 506 IPC and Sections 4 and 6 of the POCSO...

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Bombay High Court Confirms Life Imprisonment for Murder Conviction Based on Circumstantial Evidence and Motive. Appellant's conviction under Section 302 IPC upheld as chain of circumstances including last seen evidence, motive, and recovery of weapon was complete and consistent with guilt.

The appellant, Rajendra Sarwade, was convicted under Section 302 IPC for the murder of his wife Chhaya. The prosecution case was that the appellant su...