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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...

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Bombay High Court Quashes Reassessment Notices Under Section 148 of Income-tax Act for A.Y. 2012-13 Based on Search Action — Held That Section 153C Overrides Section 147 for Search-Related Assessments

The Bombay High Court disposed of a batch of writ petitions challenging notices issued under Section 148 of the Income-tax Act, 1961 for the assessmen...

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Bombay High Court Quashes Scrutiny Committee Order Invalidating Kunbi Caste Claim for Sarpanch — Failure to Consider Oldest Documentary Evidence. Committee directed to re-evaluate caste claim of petitioner based on 1932 birth entry showing Kunbi caste, in accordance with law.

The petitioner, Ku. Ranjana Wankhede, was elected as a member of Gram Panchayat Chatari on 20.01.2021 and subsequently as Sarpanch on 18.02.2021. Resp...

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Bombay High Court Allows Student's Discharge in Caste Certificate Fraud Case — Lack of Mens Rea and No Evidence of Petitioner's Involvement in Fabrication of Documents. Court Quashes Criminal Proceedings Under Section 11 of Maharashtra Caste Certificate Act, 2000 and Sections 420, 468, 471 IPC.

The petitioner, Ms. Safa Khwaja Shaikh, a 21-year-old student, took admission for a Diploma in Information Technology at A G Patil Polytechnic Institu...

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Bombay High Court Quashes FIR in Cheating and Forgery Case Due to Civil Dispute Nature. Allegations of Fabrication of Trust Documents Found to Be Civil in Nature, Not Attracting Criminal Offences Under Sections 420, 467, 468, 471 IPC.

The applicants, Narayan Kalba Gaikwad and Nagorao Govind Bobade, filed a criminal application under Section 482 of the Code of Criminal Procedure, 197...

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Bombay High Court Allows Wife's Appeal Against Conversion of Divorce Petition to Mutual Consent Divorce Without Proper Consent. Family Court's Order Set Aside for Non-Compliance with Section 13B of Hindu Marriage Act, 1955.

The appellant-wife, Mrs. Bharti Bhausaheb Aher, filed an appeal against the judgment and order dated 20.6.2015 passed by the Principal Judge, Family C...

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Bombay High Court Quashes 'C' Summary Report in Cheating Case — Directs Further Investigation Under Section 173(8) CrPC. Court finds that the investigating officer failed to examine crucial documents and witnesses, rendering the summary report premature and based on incomplete investigation.

The petitioner, Dharmil Anil Bodani, filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Crim...