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Bombay High Court Allows Writ Petition, Sets Aside Executing Court Order Declining Injunction Due to Functus Officio. Executing Court Retains Jurisdiction Under Section 47 CPC Even After Sending Precept to Collector for Partition, Can Grant Ancillary Reliefs.

The dispute arose from a protracted partition litigation spanning nearly six decades. A decree for administration of an estate and partition was pass...

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Supreme Court Dismisses Consumer Complaint Against Postal Authorities in Kisan Vikas Patra Fraud Case. Postal authorities not vicariously liable for agent's fraud as payment was made to holder under Negotiable Instruments Act, 1881, and appellants' negligence in signing instruments contributed to loss.

The dispute arose from a consumer complaint filed by Pradeep Kumar and Raj Rani against postal authorities, including the Post Master General and othe...

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Bombay High Court Allows Compromise Between Plaintiffs and Defendant Nos.8-11 in Property Suit — Consent Terms Accepted Despite Objections from Other Defendants. Partial Settlement Under Order XXIII Rule 3 CPC Does Not Affect Rights of Non-Settling Defendants Who May Continue to Contest the Suit.

The suit was filed by 35 plaintiffs seeking a declaration that they are purchasers of certain property. The matter was listed for settlement as the pl...

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Bombay High Court Dismisses Revenue's Appeal in Service Tax Case Against SEBI. Regulatory fees collected under SEBI Act, 1992 are statutory levies, not consideration for taxable service under Finance Act, 1994.

The Principal Commissioner of CGST & Central Excise, Mumbai East, filed an appeal under Section 35(G) of the Central Excise Act, 1944 against the orde...

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Bombay High Court Upholds Conviction of Appellant in POCSO Case for Rape of Six-Year-Old Girl — Life Sentence Confirmed Based on Victim's Testimony and DNA Evidence. Victim's credible testimony and DNA evidence sufficient to sustain conviction under Section 376AB IPC and Section 4 POCSO Act.

The case involves an appeal against conviction for the rape of a six-year-old girl. The victim, a first-standard student, was returning from a drawing...

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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 Allows Writ Petition Challenging Provisional Attachment Orders Under CGST Act — Circular Read Down to Mandate Recording of Reasons. Attachment Orders Quashed for Non-Recording of Reasons Under Section 83 of Central Goods and Services Tax Act, 2017 and Rule 159(1) of CGST Rules.

The petitioner, Originative Trading Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging the validity of ...

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Bombay High Court Dismisses Election Petition Challenging BJP Candidate's Victory in Dahisar Assembly Constituency. Allegations of Corrupt Practice Under Section 123(1) of Representation of the People Act, 1951 Fail as Petitioner Fails to Prove Bribery or Undue Influence.

The Petitioner, Vinod Ramchandra Ghosalkar, was the Shiv Sena candidate for the Dahisar Assembly Constituency in the 2014 Maharashtra Legislative Asse...