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Bombay High Court Dismisses Developer's Maintainability Challenge and Upholds RERA Recovery Certificate in Allottee Refund Case. Real Estate Regulatory Authority Has Power to Issue Recovery Certificate Under Section 40(1) of RERA Act, 2016 for Refund Orders.

The judgment pertains to two connected matters: an Interim Application filed by the developer, Marvel Sigma Homes Pvt. Ltd., challenging the maintaina...

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Bombay High Court Dismisses BEST Undertaking's Petition Challenging Industrial Court Order in Suspension Case. Suspension of Deputy Charge Engineer Held Invalid as Standing Orders Not Applicable, But Unfair Labour Practice Found Due to Non-Compliance with Procedure.

The Brihanmumbai Municipal Corporation (BEST Undertaking) challenged an order of the Industrial Court which had allowed the complaint of unfair labour...

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Bombay High Court Allows Appeal Partly in Fatal Accident Case, Reduces Sentence for Rash Driving. Court holds that conviction under Section 304-A IPC without specific charge is valid if no prejudice, and reduces sentence to period already undergone for young driver with family.

The appellant, Rajkumar Dhunichand Sharma, was convicted by the Additional Sessions Judge, Osmanabad, for offences under Sections 307 and 304-A of the...

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Bombay High Court Dismisses Quashing Petitions in FERA Prosecution — Exoneration in Adjudication Not a Bar to Criminal Proceedings. Adjudication and criminal prosecution under FERA are independent proceedings with different standards of proof and objectives.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of orders passed by ...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Cruelty and Homicidal Death. Conviction under Sections 498A and 302 IPC set aside as prosecution failed to prove demand of dowry and homicidal death beyond reasonable doubt.

The appellants, Tanaji Dattu Bajbalkar and Sarubai Dattu Bajbalkar (in Criminal Appeal No.919 of 2009) and Uttam Krushna Bajbalkar and Mandabai Uttam ...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees dismissing suit for declaration and injunction, finding no substantial question of law.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) arises from a suit for declaration and injunction filed...

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High Court of Karnataka Acquits Accused in Assault and Wrongful Confinement Case Due to Inconsistent Evidence and Unreliable Witnesses. Conviction under Sections 324 and 342 read with Section 34 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellants, Puttasiddamma @ Puttasiddi and Samandaiah, were convicted by the I-Addl. District and Sessions Judge, Mandya in S.C.No.50/2013 for off...

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Bombay High Court Allows Appeal in Admiralty Bunkers Arrest Case. Bunkers on board a ship can be arrested and sold separately under admiralty jurisdiction as they are not part of the ship.

The appellant, Mansel Limited, a Bermuda company engaged in chartering vessels, filed an admiralty suit seeking arrest of bunkers on board the vessel ...