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Bombay High Court Dismisses Writ Petition Challenging Rejection of Condonation of Delay in Restoration of Appeal. Delay of 2 years and 2 months not sufficiently explained; court upholds Appellate Court's refusal to condone delay.

The present Writ Petition was filed by the petitioners challenging the judgment and order dated 21.07.2015 passed by the learned Appellate Court in Ci...

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Bombay High Court Disposes of Civil Revision Applications by Tenants in Eviction Proceeding Under Maharashtra Rent Control Act, 1999. Tenants Raised Issues of Non-Decision of Order 41 Rule 27 CPC Applications, Delayed Judgment, and Misinterpretation of Section 15 of the Rent Act.

The Bombay High Court heard two Civil Revision Applications filed by tenants Vasant Mahadeo Gujar and Smt. Khatija Ismail Panhalkar against the common...

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Supreme Court Dismisses Appeal Against Refusal to Quash Summons in Cheque Dishonour Case — Factual Defences Cannot Be Adjudicated Under Section 482 CrPC. Legal Presumption Under Section 139 of Negotiable Instruments Act, 1881 Favours Complainant at Pre-Trial Stage.

The appellant, Rathish Babu Unnikrishnan, was the accused in a criminal complaint filed by Satish Gupta (respondent no. 2) under Section 138 of the Ne...

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Bombay High Court Acquits Accused in Abetment of Suicide Case Due to Lack of Proximate Link Between Alleged Outrage of Modesty and Suicide. The court held that the dying declaration did not support the prosecution case and there was no evidence of instigation under Section 306 IPC.

The appellant, Sanjay Dahake, was convicted by the 2nd Adhoc Additional Sessions Judge, Chandrapur, for offences under Sections 306, 354 and 448 of th...

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Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Trademark 'Covishield' Passing Off Dispute. Cutis Biotech failed to establish prima facie case of passing off as the mark 'Covishield' is descriptive and not exclusively associated with the appellant.

The dispute concerns the trademark 'Covishield'. The appellant, Cutis Biotech, a sole proprietorship, filed a suit in the Commercial Court at Pune see...

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High Court of Karnataka Hears Second Appeal Against Concurrent Findings of Lower Courts in Suit for Declaration of Title and Possession. Dispute Involves Validity of Registered Will and Claim of Daughter as Class I Heir Over Ancestral Properties.

The dispute concerns an original suit for declaration of title and possession of agricultural and residential properties. The plaintiff claimed to be ...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration. Conviction under Section 302 IPC for setting wife ablaze set aside as dying declaration was not recorded in exact words of deceased and lacked doctor's certification.

The appellant, Dashrath Arun Sasane, was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of his wife, Sharmila, by set...

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Bombay High Court Dismisses Petition Challenging Trial Court's Order Allowing Counter-Claim in Property Suit. Amendment of Plaint After Issues Settled Constitutes Exceptional Circumstance Justifying Filing of Counter-Claim Under Order VIII Rule 6-A CPC.

The petitioner, Vijaymala Sidling Doijad, filed a suit (Regular Civil Suit No.1056 of 2006) seeking injunction against the State of Maharashtra and th...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Summary Suit — Defendant Failed to Show Sufficient Cause for Non-Appearance. Order XXXVII Rule 4 CPC Requires Strict Compliance with Conditions for Setting Aside Ex-Parte Decree.

The appellant, Purnendu Shekharmal Jain, was the original defendant in Summary Suit No. 2539 of 2012 filed by M/s ACG Associated Capsules P Ltd. An ex...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations. Dying Declaration Recorded by Police Officer Found Unreliable as Oral Dying Declaration to Brother Contradicted Written Version Regarding Motive.

The appellant, Baburao @ Babulal Raibhan Patole (Jadhav), was convicted by the Additional Sessions Judge, Kalyan, for the murder of his wife Sojarbai ...