Search Results for "interlocutory"

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Bombay High Court at Goa Allows Withdrawal of Criminal Complaint Due to Petitioner's Terminal Illness and Non-Prosecution. Petitioner suffering from nasopharyngeal cancer permitted to withdraw complaint and quash FIR under Section 482 CrPC as continuation would be abuse of process.

The petitioner, Ravinder Chohan, a UK resident suffering from nasopharyngeal cancer, filed a criminal complaint in 2015 against respondents 2 to 5 all...

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High Court of Bombay at Goa Dismisses Second Appeal in Property Suit — Appellants Not Defendants in Original Suit. The court held that the appellants, who were not parties to the original suit, cannot challenge the decree as they were not defendants and the suit was not collusive.

The case involves a second appeal filed by the appellants, who claimed to be the defendants in Regular Civil Suit No.54/2001. However, upon examinatio...

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High Court of Bombay at Goa Dismisses Appeal Against SARFAESI Proceedings — Tenant's Claim Not Established. The court held that the appellant failed to prove tenancy and that the remedy under Section 17 of the Securitisation Act is available to any person aggrieved, including tenants.

The appellant, Modinasab Indikar, filed a first appeal before the High Court of Bombay at Goa against the order of the District Magistrate, Salcete, d...

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Bombay High Court Dismisses Condonation of Delay in Filing Written Statement in Commercial IP Suit — Delay of 410 Days Not Sufficiently Explained. Policy Changes and Preoccupation of Legal Team Held Not to Constitute Sufficient Cause Under Order VIII Rule 1 CPC.

The case involves a commercial IP suit filed by Metro Shoes Ltd (Plaintiff) against Flipkart India Pvt. Ltd. and Tech-Connect Retail Pvt. Ltd. (Defend...

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Bombay High Court Dismisses Copyright Infringement and Passing Off Claims Over Web Series Title 'Singardaan' — No Substantial Similarity Found Between Plaintiff's Short Story and Defendants' Web Series.

The Plaintiff, Shamoil Ahmad Khan, a writer of Urdu and Hindi short stories, filed a copyright infringement suit alleging that the Defendants' web ser...

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Bombay High Court Dismisses Daughter's Appeal in Property Dispute, Upholds Eviction Decree. Daughter's claim of ownership and tenancy rights in suit flat rejected as she failed to prove independent title or landlord's consent.

The case involves two appeals arising from property disputes over Flat No. 9, Matru Chhaya Building, Marine Drive, Mumbai. The appellant, Ms. Smita P....

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Bombay High Court Dismisses Writ Petitions Challenging Coastal Zone Violation Orders Due to Alternative Remedy Under NGT Act. Petitioners failed to establish pre-1991 construction and could not bypass statutory appeal under Section 22 of the National Green Tribunal Act, 2010.

The judgment concerns two writ petitions filed by Prasad Naik and Rosalina de Souza against orders of the Goa Coastal Zone Management Authority (GCZMA...

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Bombay High Court Dismisses Daughter's Appeal in Property Dispute, Upholds Eviction Decree. Daughter's claim of ownership and right to reside in suit flat rejected as she failed to prove independent title or adverse possession against parents.

The case involves two appeals arising from property disputes between a daughter, Ms. Smita P. Doshi, and her parents, Mr. Pravinchandra H. Doshi and M...

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Bombay High Court Allows Appeal of Convict in Murder Case Due to Benefit of Doubt on Insanity Plea. Conviction Under Section 302 IPC Set Aside as Prosecution Failed to Prove Mens Rea Beyond Reasonable Doubt.

The appellant, Ramchandra Shenfadu Patil, was convicted by the Additional Sessions Judge, Amalner in Sessions Case No.26/2009 for the murder of his mo...