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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reinstates Conviction Under Section 138. Partial Recovery Before Cheque Issuance Does Not Rebut Presumption Under Section 139 N.I. Act When Cheque Covers Balance Due.

The appeal arises from a judgment of the Sessions Court, Amravati, which set aside the conviction of the accused under Section 138 of the Negotiable I...

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Bombay High Court Dismisses Petition Challenging Rejection of Further Investigation Application in Death Case. Trial Court's Discretion Upheld as Applications Were Filed After Trial Commenced and Key Witnesses Examined.

The petitioner, Rabia Khan, filed a Criminal Writ Petition before the Bombay High Court challenging an order dated 16.09.2021 passed by the Special Ju...

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Bombay High Court Allows Wife's Appeal Against Nullity Decree in Hindu Marriage Act Case — Marriage Not Void Ab Initio as Husband Failed to Prove Prior Subsisting Marriage. Court Holds That Section 11 Requires Proof of Valid Prior Marriage, Not Mere Suppression of Past Relationship.

The appellant-wife challenged the judgment and decree dated 29 October 2021 passed by the Family Court, Thane, in Petition No. A-192 of 2017, which de...

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Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Interest Rate from 7.5% to 6% Per Annum. No Contributory Negligence Found as Tribunal's Finding of Negligence on Part of Xylo Driver Was Based on Evidence and Not Shown to Be Perverse.

The appeal was filed by Reliance General Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment dated 3...

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Bombay High Court Dismisses Wife's Appeal in Divorce Case on Grounds of Cruelty and Desertion. Wife's refusal to cohabit and emotional abandonment constituted mental cruelty and desertion under Section 13(1)(ia) and (ib) of Hindu Marriage Act, 1955.

The appellant-wife and respondent-husband were married on 26.01.2007 at Nagpur. The wife stayed with the husband only for a brief period from 26.01.20...

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Bombay High Court Dismisses Writ Petition Challenging Election Petition Allowed for Non-Compliance with Section 16 of Maharashtra Municipal Corporations Act, 1949. Failure to File Election Expenses Within 30 Days Renders Election Void.

The petitioner, Ashok Rajaram Raul, was declared elected as a councilor from Ward No.12-D of Thane Municipal Corporation in the general elections held...

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Bombay High Court Dismisses Second Appeal in Property Title Suit — Concurrent Findings of Fact Not Disturbed. Will Execution Not Proved as Attesting Witnesses Not Examined Under Section 68 of Evidence Act, 1872.

The case involves a second appeal filed by the original plaintiffs against the judgment and decree of the lower appellate court in Regular Civil Appea...