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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine. Court finds that the plaintiff failed to discharge burden of proving the agreement and that the defendant's possession was permissive, not as a prospective purchaser.

The appellant, M/s Multicon Builders, a registered partnership firm through its partner Suryakant Gendasingh Thakur, was the original defendant no.9 i...

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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Arbitration Petition Under Section 37 of Arbitration and Conciliation Act, 1996. Court Holds That Scope of Interference Under Section 37 Is Limited and Impugned Order Did Not Suffer From Patent Illegality or Perversity.

The petitioners, Wind World (India) Limited and others, filed an arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996, ...

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Bombay High Court Remands Case for Proper Inquiry Under Chapter XXV CrPC Regarding Unsoundness of Mind of Accused in Murder Trial. Trial Court Failed to Conduct Proper Inquiry as Per Sections 328, 329, 330 CrPC Before Rejecting Plea of Insanity.

The applicant, Firoza Fazal Shaikh, was an under-trial prisoner in Sessions Case No.300 of 2013 arising from Crime No.I34 of 2013 for offences punisha...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — No Concluded Contract via Email Exchange. Unsigned Memorandum of Understanding Not Binding as Parties Did Not Intend to Be Bound Until Execution of Formal Agreement.

The appellants (original plaintiffs) filed a suit for specific performance of an alleged contract for the sale of a flat owned by the respondent (orig...

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High Court of Karnataka Enhances Compensation for Injured Claimant in Motor Vehicle Accident Case — Multiplier Applied Based on Age and Notional Income Assessed at Rs. 9,000 per Month.

The appellant, Sri Abhishek B.R., a 26-year-old bachelor, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensati...

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Bombay High Court Dismisses Appeal by ONGC Against Upholding of Arbitral Award in Contract Dispute. Interpretation of Contract Terms and Findings of Fact by Arbitral Tribunal Not Open to Challenge Under Section 34 of Arbitration and Conciliation Act, 1996.

The case arises from a commercial arbitration appeal filed by Oil and Natural Gas Corporation Ltd. (ONGC) against the judgment of a Single Judge of th...

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Gujarat High Court Allows Appeal in Motor Accident Claim, Enhances Compensation for Injured Passenger. Claimant travelling in goods tempo held entitled to enhanced compensation of Rs. 3,00,000/- with interest, upholding 80:20 contributory negligence apportionment.

The appellant, Kalubhai Dulabhai Prajapati, was travelling in a goods tempo (GJ-23-W-788) on 12.06.2012 when a Maruti Eeco car (GJ-17-N-7288) driven r...

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Bombay High Court Upholds Acquittal in Dowry Death Case Due to Lack of Evidence of Cruelty Soon Before Death. Presumption under Section 113B of Evidence Act not attracted as prosecution failed to establish demand of dowry or harassment within seven years of marriage.

The State of Maharashtra appealed against the judgment and order of acquittal dated 19th November 1998 passed by the Additional Sessions Judge, Latur ...

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Bombay High Court Acquits Appellants in Electrocution Death Case Due to Lack of Evidence of Knowledge and Common Intention. Conviction under Section 304 IPC Set Aside as Prosecution Failed to Prove That Appellants Knew the Electric Wire Was Lethal.

The appellants, Vilas Hari Kulmethe and Laxman Kanhu Pendam, were convicted by the Additional Sessions Judge, Chandrapur, for offences under Section 3...