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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Failure to Prove Victim's Age. Conviction under Section 376(1) IPC and Section 4 POCSO Act set aside as prosecution failed to establish victim was a child under POCSO Act.

The appellant, Prashant Korwate, was convicted by the Special Judge, Chandrapur, for offences under Section 376(1) IPC read with Section 3 punishable ...

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Bombay High Court Dismisses Writ Petition Challenging Conditional Order Setting Aside Ex-Parte Decree in Eviction Suit. Court upholds condition of depositing arrears of rent as a valid exercise of discretion under Order IX Rule 13 of CPC.

The petitioners, Hargovindas Shivlal & Co. and others, were lessees of an open plot of land in Chembur, Mumbai. They had entered into a leave and lice...

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Bombay High Court Upholds Conviction of Two Accused for Sexual Assault of Minor Orphan Girl Under POCSO Act and IPC. Court Relies on Testimony of Victim and School Teachers, Holds That Absence of Medical Evidence Does Not Disprove Sexual Assault When Victim's Testimony Is Credible.

The case involves an appeal by two accused, Sudhir Govindrao Suradkar and Santosh Nathaji Jumbde, against their conviction by the Special Judge (POCSO...

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Bombay High Court Quashes FIR in Atrocities Case Due to Lack of Public View Element and Civil Dispute Nature. Alleged Caste-Based Insult Inside Police Station Not in Public View Under Section 3(1)(x) of SC/ST Act, 1989.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.2/2012 reg...

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Bombay High Court Allows Appeal in Property Dispute, Sets Aside Injunction Against Dispossession. Plaintiff Failed to Prove Possession and Suit for Possession Based on Title Was Barred by Limitation.

The present First Appeal arises from a judgment of the City Civil Court, Mumbai, in S.C. Suit No.5551/1990, where the suit was decreed in favor of the...