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Bombay High Court Upholds Divorce Decree on Ground of Cruelty in Hindu Marriage Act Case. Husband's Appeal Dismissed as Court Finds Sufficient Evidence of Mental Cruelty and Failure to Return Streedhan.

The case involves an appeal by the husband against a Family Court decree dissolving his marriage on the ground of cruelty under Section 13(1)(ia) of t...

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Bombay High Court Upholds Trial Court's Order Allowing Oral Evidence in Temporary Injunction Proceedings Under Order 39 Rule 1 CPC. The Court has inherent jurisdiction to permit oral evidence for just and effective adjudication of interim injunction applications.

The petitioner, Babulal Onkardas Kabra, was the original defendant in a suit filed by the respondents, Nilesh, Shailesh, and Rakesh Pukhraj Rathod, in...

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Bombay High Court Dismisses Appeals Against Admission of Winding-Up Petitions Under Companies Act, 1956 — Held That Company Court Has Discretion to Appoint Provisional Liquidator and That Appeal Against Admission Order Is Not Maintainable Under Section 483 of the Companies Act, 1956.

The judgment concerns a batch of appeals filed by Vision Millennium Exports Pvt. Ltd. against orders of the Company Court admitting winding-up petitio...

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Bombay High Court Acquits Husband in Dowry Death Case Due to Lack of Evidence of Abetment to Suicide. Conviction under Sections 498-A and 306 IPC set aside as prosecution failed to prove cruelty or instigation leading to suicide.

The appellant, Appasaheb Gorakhnath Kakade, was convicted by the 4th Adhoc Sessions Judge, Aurangabad in Sessions Case No.79/2004 for offences under S...

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Bombay High Court Converts Conviction of Accused from Culpable Homicide to Grievous Hurt in Land Dispute Murder Case. Single Blow with Stick Held Not Amounting to Murder or Culpable Homicide, Acquittal of Five Co-Accused Upheld Under Sections 147, 148, 149, 302 IPC.

The case arises from a land dispute between the Rahmatkar family. On 12 August 2002 at 2:30 PM, at village Bhadrutola, Karanja, an altercation occurre...

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Bombay High Court Upholds Acquittal of Five Accused in Murder Case, Converts Conviction of One Accused from Culpable Homicide to Grievous Hurt. Land dispute leads to fatal assault; court finds no common intention for murder, modifies conviction under Section 304 Part I IPC to Section 325 IPC.

The case arises from a land dispute between the Rahmatkar family. On 12 August 2002, at around 2:30 PM, an altercation occurred at village Bhadrutola,...

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Bombay High Court Allows Revision Application in Suit for Specific Performance — Court Holds That Dismissal of Suit for Default Under Order 9 Rule 8 CPC Cannot Be Converted Into a Decree on Merits Without Proper Application of Mind.

The present Civil Revision Application arises out of a suit for specific performance of contract filed by the applicant (original plaintiff) against t...

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Bombay High Court Commutes Death Sentence to Life Imprisonment in Murder and Theft Case — Conviction Under Sections 302 and 379 IPC Upheld but Death Penalty Not Warranted as Case Does Not Fall Within 'Rarest of Rare' Category.

The appellant, Sarvanand @ Soiru Gaonkar, was convicted by the Additional Sessions Judge, Margao, for the murder of Raya Datta Fal Dessai (Dada) and h...