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Bombay High Court Dismisses Writ Petition Challenging Refusal to Delete Tenancy Issue in Suit for Declaration of Sale Deed as Void. Civil Court Has Jurisdiction to Decide Tenancy Issue When Ancillary to Main Relief, Not Exclusively Triable by Tenancy Court.

The petitioner, an 87-year-old person of unsound mind represented by the in-charge of an old age home, filed a writ petition challenging an order date...

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Bombay High Court Dismisses Injunction Application Against Film Release in Copyright Infringement and Breach of Confidence Dispute. No Prima Facie Case of Substantial Similarity Between Plaintiff's Script and Final Film Established.

The plaintiffs, Narendra Mohan Singh (proprietor of Sanjay Singh Films) and Manish Jha, filed a suit seeking an injunction against the release of the ...

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Supreme Court Rejects Custom-Based Maintenance Claim in Impartible Estate for Lack of Opinio Necessitatis. Custom Not Proved as Payments Were Voluntary and Not Obligatory, Disallowing Claim for Arrears of Maintenance.

The case concerned a maintenance claim by junior members of the Kavalappara family against the Sthanee of the impartible Kavalappara estate, governed ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Decree on Limitation and Appellate Court Procedure. Agreement for Sale of House Property Enforced Despite Defendant’s Failure to Lead Evidence and Plea of Limitation, as Burden of Proof Not Discharged.

The dispute arose from a suit for specific performance of an agreement to sell a house property. The respondent (original plaintiff) claimed that on 2...

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Bombay High Court Upholds Acquittal of Accused in Murder Case Due to Unreliable Dying Declaration and Lack of Corroborative Evidence. Dying Declaration Under Section 32 of Indian Evidence Act, 1872, Found Inadmissible as Deceased Was Not in a Fit State of Mind.

The State of Maharashtra filed an appeal against the judgment and order dated 23rd September, 2002, passed by the Additional Sessions Judge, Pune, acq...

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Bombay High Court Upholds Conviction for Gang Rape Under Section 376(2)(c) IPC — Acquittal of Other Accused and Lesser Offences Upheld. Appellant's Conviction Based on Consistent Testimony of Victim and Medical Evidence, No Interference Warranted.

The case involves an appeal by accused No.1, Vasant Mahadeo Powar, against his conviction under Section 376(2)(c) of the Indian Penal Code (IPC) for g...