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Bombay High Court Dismisses Appeal Against Return of Plaint for Lack of Jurisdiction in Suit for Damages Against Foreign Company. Territorial Jurisdiction Determined by Place of Contract and Cause of Action, Not by Place of Performance of Warranty Obligations.

The appellant, Kalyanji Walji Private Ltd., filed a suit for damages against Sortex Limited (a UK company), Maharashtra Hybrid Seeds Co. Ltd. (respond...

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Bombay High Court Quashes Criminal Proceedings in Seed Quality Case Due to Lack of Sanction Under Seeds Act, 1966. Police Investigation into Seed Quality Without Complaint by Seed Inspector Held Without Jurisdiction.

The petitioners, Padmakar Haribhau Mulay and others, filed a criminal writ petition challenging the FIR and charge-sheet in R.C.C.No.276/2000 pending ...

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Bombay High Court Dismisses Appeal Against Refusal to Revoke Probate — Consent to Probate Bars Subsequent Challenge to Will's Genuineness. Failure to Administer Estate Does Not Warrant Revocation of Probate; Remedy Lies in Removal of Executor.

The appeal arose from an order of a learned Single Judge of the Bombay High Court dismissing a Miscellaneous Petition for revocation of probate grante...

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Bombay High Court Upholds Contempt Reference Against Defendants for Willful Disobedience of Court Orders in Small Causes Suit. Failure to Furnish Particulars Despite Repeated Directions Constitutes Civil Contempt Under Section 2(b) of the Contempt of Courts Act, 1971.

This case involves a reference made by the Small Causes Judge, Mumbai, to the Bombay High Court under Section 15 of the Contempt of Courts Act, 1971, ...

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Bombay High Court Dismisses Appeal of Convict in POCSO Case, Upholds Conviction for Outraging Modesty of Minor. Court Relies on Testimony of 5-Year-Old Victim and Mother, Finds No Ground to Interfere with Trial Court's Judgment Under Section 354 IPC and Section 10 POCSO Act.

The appellant, Kalim Attarli Shaikh, was convicted by the trial court for offences under Section 354 of the Indian Penal Code, 1860 and Section 10 of ...

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Bombay High Court Allows Second Appeal in Partition Suit — Reverses Lower Appellate Court's Erroneous Reversal of Trial Court's Decree. The Court Held That the First Appellate Court Must Reappreciate Evidence Independently and That a Co-Owner Cannot Claim Adverse Possession Without Ouster.

The present second appeal arises from a partition suit filed by the original plaintiff (since deceased, represented by legal heirs) against the appell...

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Bombay High Court Quashes Detention Order in MPDA Case Due to Non-Application of Mind. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Bail Orders.

The petitioner, Shailesh Dnyaneshwar Kedar, challenged a detention order dated 23 November 2014 passed by the Commissioner of Police, Nagpur, under Se...

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Bombay High Court Confirms Death Sentence for Accused in Rape and Murder of Two-Year-Old Child. The court upheld the conviction under Section 302 IPC, Section 376A IPC, and Section 6 of POCSO Act, finding the crime to be in the 'rarest of rare' category.

The case involves the confirmation of a death sentence and an appeal against conviction for the rape and murder of a two-year-old child. The incident ...