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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Trial Court's Dismissal of Suit for Want of Proof Restored. Remand by First Appellate Court Set Aside as It Failed to Consider That Plaintiff Did Not Prove Readiness and Willingness to Perform Contract.

The appellant, Subhadrabai Thakre, filed a suit for specific performance of an agreement of sale dated 28.3.2002, by which she agreed to purchase agri...

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High Court of Karnataka Allows Writ Petition Seeking Refund of Pre-deposit in VAT Matter — Mandamus Issued for Release of Rs. 16,11,19,226/- and Interest on Delayed Refund. Petitioner entitled to refund of pre-deposit amount with interest under Article 226 of the Constitution of India.

The petitioner, M/s. Flipkart India Private Limited, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus d...

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High Court of Karnataka Acquits Accused in Murder Case Based on Circumstantial Evidence Due to Lack of Conclusive Proof. Conviction under Sections 302, 201 r/w 34 IPC set aside as prosecution failed to establish chain of circumstances beyond reasonable doubt.

The case involves two appeals: Criminal Appeal No.100180/2021 filed by the State of Karnataka under Section 377(1)(b) CrPC seeking enhancement of sent...

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Bombay High Court Allows State Appeal in POCSO Case, Sets Aside Acquittal of Father for Rape of Minor Daughter. Delay in FIR Lodging Held Not Fatal in Child Sexual Abuse Cases Due to Unique Victim-Offender Relationship.

The State of Goa, through the Police Inspector of Canacona Police Station, appealed against the judgment of the Children's Court at Goa which acquitte...

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Bombay High Court Allows Second Appeals in Land Suit Based on Adverse Possession and Limitation. Concurrent findings of possession and limitation reversed as courts below misapplied Article 65 of the Limitation Act, 1963 and failed to consider that the suit was barred by limitation.

The case involves two second appeals filed by two brothers, Vijay and Yashwant Gaikwad, challenging a common judgment and decree dated 7.12.2010 passe...

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Bombay High Court Dismisses Railway's Challenge to Temporary Injunction in Favour of Educational Society for Use of Approach Road. Court upholds appellate order restraining obstruction of road constructed on shivdhura of survey no. 348 based on Tahsildar's permission and prima facie findings.

The petitioners, officers of the Central Railway, challenged the judgment dated 21/1/2010 of the 4th Additional District Judge, Nagpur in MCA No. 230/...

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Bombay High Court Allows Appeal in Industrial Dispute Case — Termination of Workmen Held Illegal for Non-Compliance with Section 25-F of Industrial Disputes Act, 1947. Employer Failed to Prove Abandonment of Service by Workmen, and Reinstatement with Back Wages Upheld.

The appellant, M/s. Indo-European Breweries Ltd, filed a Letters Patent Appeal against the order of the learned Single Judge in Writ Petition No. 3212...