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Bombay High Court (Aurangabad Bench) Hears Appeal Against Remand Order Allowing Third Party Challenge to Consent Decree. The Court Examines Whether Section 96(3) of the Code of Civil Procedure, 1908 Bars an Appeal by Strangers to a Consent Decree, and Whether Allegations of Fraud Vitiate the Decree.

The appellant, Vilas Trimbak Sanap, filed a partition suit (RCS No. 499/2014) against his father and brothers (respondent Nos. 4–6) claiming a 1/4th...

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Bombay High Court Dismisses Writ Petition Challenging Executing Court's Refusal to Reopen Partition Decree Based on Will. Executing Court Cannot Go Behind a Final Decree to Redetermine Shares on Basis of Alleged Will Produced After Decree Became Absolute.

The Bombay High Court dismissed a Writ Petition challenging the order of the Executing Court rejecting an application for framing of issues and modifi...

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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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Gujarat High Court Acquits Sales Tax Officer in Corruption Case Due to Unreliable Trap Witnesses and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

The appellant, Manilal Bhikhabhai Makwana, was a Sales Tax Officer in Ahmedabad. The complainant, Himanshu Jayantibhai Patel, was a honey trader. The ...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Trap Witnesses. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Section 161 IPC and Section 5(2) of Prevention of Corruption Act, 1988.

The State of Gujarat filed an appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal date...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Testimony and Lack of Evidence. Acquittal of Accused Nos. 4-7 Under Sections 147, 148, 149, 302 IPC Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The State of Gujarat filed an appeal under Section 378 CrPC challenging the judgment and order dated 12.10.1999 passed by the learned Additional Sessi...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower courts' decree for partition and separate possession based on evidence of joint family property and plaintiff's share.

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, by the defendants (appellants) against the jud...