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Bombay High Court Grants Bail to Accused in Rape Case Due to Lack of Prima Facie Evidence and Delay in FIR. The court held that the prosecution failed to establish a prima facie case under Sections 376, 354, 509, 504, 201, 34 IPC, and granted bail under Section 439 CrPC.

The applicant, John Fernandes, was accused of rape and other offenses under the Indian Penal Code. The incident allegedly occurred on December 2, 2009...

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Bombay High Court Allows Petition of Zilla Parishad Member Challenging Election Disqualification on Age Grounds. School Register Entry Not Conclusive Proof of Age Under Section 16 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.

The petitioner, Sou. Manisha Sanjay Waskar, was a member of the Zilla Parishad, Kolhapur, elected from Panchgaon constituency. Respondent No.1, Anil @...

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Bombay High Court Allows Second Appeal in Possession Suit Based on Title — Concurrent Findings Set Aside for Ignoring Compromise Decree and Mutation Entries. The court held that failure to consider crucial evidence renders findings perverse and warrants remand under Section 100 CPC.

The present second appeal arises from a suit for possession based on title filed by the original plaintiff (respondent No. 1) against the original def...

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Bombay High Court Dismisses Appeal Against Demolition of Unauthorized Structure Under Section 351 of Mumbai Municipal Corporation Act, 1888. Affidavit-in-Reply to Notice of Motion Cannot Be Treated as Written Statement.

The appellant, M/s. B. Jayantilal, a partnership firm, filed a suit challenging a notice issued by the Municipal Corporation of Greater Bombay under S...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Unauthorized Construction and Nuisance. Tenant's unauthorized permanent alterations and nuisance to other occupants justified eviction under Bombay Rent Act.

The case involves a landlord-tenant dispute where the landlord filed a suit for eviction of the tenant from the suit premises under Sections 12 and 13...

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Bombay High Court Grants Injunction Against Trade Mark Infringement and Passing Off in Pharmaceutical Product 'ONCO BCG' - Defendant's Mark 'BCG ONCO' Held Deceptively Similar Despite Common Descriptive Element 'BCG'.

The plaintiff, Serum Institute of India Limited, a pharmaceutical company, filed a suit for trade mark infringement and passing off against Green Sign...

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Bombay High Court Upholds Conviction of Husband for Cruelty Under Section 498-A IPC in Dowry Death Case. Appellant convicted for subjecting wife to cruelty, but acquitted of dowry death and abetment to suicide due to lack of evidence.

The case pertains to the death of Rekha, who was married to the appellant Jitendra Baburao Patil in May 1995. She died due to burn injuries on 25 Augu...