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Bombay High Court Allows Second Appeal in Partnership Act Bar Case — Agreement Held as Licence Not Lease. Suit for Eviction by Unregistered Partnership Firm Not Barred Under Section 69(2) of Indian Partnership Act, 1932 as Right to Evict Trespasser Arises from Common Law.

The case involves a second appeal filed by M/s Hotel Satkar, an unregistered partnership firm, against the dismissal of their suit for eviction of the...

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Bombay High Court Allows Appeal of Non-Resident Company in Tax Case, Holds That 'Assessee Aggrieved' Includes Any Party Adversely Affected by CIT(A) Order Under Section 253(1) of Income Tax Act, 1961. The Court set aside the Tribunal's dismissal on maintainability and remanded for merits.

The appellant, M/s. Maersk BV (formerly Nedlloyd BV), a company incorporated in the Netherlands and tax resident there, was engaged in operating ships...

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High Court of Karnataka Dismisses Bail Petition for Accused in Double Murder Case. Petitioners' Active Participation and Heinous Nature of Offence Override Parity Claim Under Section 439 Cr.P.C.

The criminal petition arose from a bail application under Section 439 of the Code of Criminal Procedure, 1973, filed by accused Nos. 4 to 7 in Crime N...

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Bombay High Court Upholds Life Sentence for Father Who Murdered His Two Children Due to Suspicion of Illegitimacy. Conviction under Section 302 IPC for double murder of daughter and son based on circumstantial evidence and extra-judicial confession.

The appellant, Syed Wahab Sayed Mir, was convicted by the Additional Sessions Judge, Basmathnagar, in Sessions Trial No.31/2013 for the murder of his ...

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Gujarat High Court Upholds Acquittal in Murder Case Due to Inconsistent Dying Declarations. Dying Declarations Found Unreliable as They Contradicted Each Other and Medical Evidence, Leading to Benefit of Doubt to Accused Under Section 302 IPC.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 11.10...

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KAHC010422252008_1

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Bombay High Court Delivers Judgment on Plea for Sentence Adaptation Under Repatriation of Prisoners Act, 2003. Case Involves Interpretation of Section 13(6) and Bilateral Agreement with Mauritius Regarding Transfer of Sentenced Persons.

(1) Background — The case involved a criminal writ petition before the Bombay High Court challenging an order of the Government of India, Ministry o...

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Bombay High Court Dismisses Appeal by Union of India Against Acquittal in Customs Gold Smuggling Case. Failure to Examine Material Witnesses and Prove Smuggled Origin of Gold Leads to Upholding of Acquittal Under Customs Act, 1962.

The case involves an appeal by the Union of India against the acquittal of the respondent-accused for offences under the Customs Act, 1962 and the Imp...