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Bombay High Court Dismisses Civil Revision Application – Execution Proceedings Maintainable Despite Irregularity in Decree Transfer. Non-use of Prescribed Form for Transfer Certificates Held Not Material Irregularity Under Order 21 Rule 90 CPC; Substantial Compliance with Section 38 CPC Sufficient.

Background: Two civil revision applications arose from execution proceedings instituted by the decree holders against the Municipal Council, Tumsar, t...

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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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High Court of Bombay Acquits Husband in Dowry Death and Abetment Case Due to Insufficient Evidence and Unexplained Delay in FIR. Conviction Under Sections 306 and 498A IPC Set Aside as Demand Was Advance Not Dowry and Cruelty Not Proved Beyond Reasonable Doubt.

The appellant, Sheshrao Dange, was tried along with his parents and sister in Sessions Trial No. 109 of 2002 for offences under Sections 306 and 498-A...

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Bombay High Court Dismisses Acquitted Accused's Writ Petition for Rs.200 Crore Compensation as Acquittal Does Not Automatic Entitlement. The Court Holds That Compensation Under Article 226 Requires Proof of Malicious Prosecution and Violation of Fundamental Rights, Not Mere Acquittal.

The present writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 was filed by the peti...

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Bombay High Court Dismisses Appeal Against Order Condoning Delay of 129 Days in Arbitration Petition. Benefit of Section 14 of Limitation Act Extended as Earlier Filing in Delhi Court Was Bona Fide Despite Lack of Territorial Jurisdiction.

The dispute arose from an arbitral award passed on 25 February 2014. The respondent, Globe Capital Market Ltd., challenged the award by filing an arbi...

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High Court of Gujarat Dismisses Writ Petition in Pipeline Right of User Dispute Due to Vague Averments. Landowners' Claim of Encroachment Beyond Acquired Area Under Petroleum and Minerals Pipelines Act, 1962 Fails as Pleadings Are Insufficient to Grant Mandamus.

The dispute arose from the acquisition proceedings under the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, whereb...