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Supreme Court Upholds Acquittal of Accused in Murder Case Due to Material Contradictions and Doubtful Prosecution Case. Conviction under Section 302 IPC read with Section 34 IPC set aside as High Court's reappreciation of evidence was proper and no perversity found.

The appellant, the father of the deceased, appealed against the judgment of the Allahabad High Court dated 10.10.2012, which set aside the conviction ...

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Bombay High Court Allows Second Appeal in Partition Suit — Reverses Lower Appellate Court's Erroneous Reversal of Trial Court's Decree. The Court Held That the First Appellate Court Must Reappreciate Evidence Independently and That a Co-Owner Cannot Claim Adverse Possession Without Ouster.

The present second appeal arises from a partition suit filed by the original plaintiff (since deceased, represented by legal heirs) against the appell...

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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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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 Appeal in Property Dispute, Holds That Plaint Description and Map Sufficient Under Order VII Rule 3 CPC. The court restored the trial court's decree for removal of encroachment and possession, finding that the first appellate court erred in reversing on technical grounds.

The case involves a second appeal arising from a property dispute. The appellants (plaintiffs) filed a suit for removal of encroachment and possession...

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High Court of Bombay at Goa Dismisses BSNL's Petition Challenging PF Liability for Contract Workers. Principal Employer Held Liable Under Para 30 of EPF Scheme for Non-Compliance by Contractors.

The petitioner, M/s Bharat Sanchar Nigam Ltd. (BSNL), challenged an order dated 1.7.2013 passed by the Employees Provident Fund Appellate Tribunal, Ne...

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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 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...