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Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

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Bombay High Court Dismisses Writ Petition Challenging Mutation Entry in Land Revenue Case — Dispute Over Inheritance and Partition Requires Civil Suit. Mutation entries do not confer title; revenue authorities cannot adjudicate title disputes under the Maharashtra Land Revenue Code, 1966.

The petitioners, Hanumant Baburao Neharkar, Anand Baburao Neharkar, and Baburao Baban Neharkar, filed a writ petition under Article 226 of the Constit...

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Bombay High Court Allows Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim Case — Negligence of Truck Driver Established, Contributory Negligence Not Proved. Claimants awarded enhanced compensation with 6% interest per annum from date of petition.

The judgment arises from two cross-appeals against the award of the Motor Accident Claims Tribunal, Sangli, dated 28 September 2005 in Claim Petition ...

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Bombay High Court Acquits Appellant in Murder Case Due to Lack of Credible Evidence. Conviction under Section 302 IPC set aside as sole eyewitness turned hostile and circumstantial evidence failed to establish guilt beyond reasonable doubt.

The appellant, Nivrutti Ninaji Ghule, was convicted by the Additional Sessions Judge, Khamgaon, for the murder of his niece-in-law, Sharda, under Sect...

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Bombay High Court Allows Second Appeal in Partition Suit, Holds Suit Bad for Non-Joinder of Necessary Parties. All co-sharers and co-partners are necessary parties in a suit for partition and possession; failure to join them renders the suit liable to dismissal.

The case involves a second appeal arising from a suit for partition and possession of agricultural land. The respondents (plaintiffs) filed the suit a...

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Bombay High Court Allows Grandparents' Visitation Rights to Minor Son in Divorce Case — Parties Consent to Twice-Monthly Visits. The court set aside the District Judge's order rejecting visitation and granted visiting rights to the petitioners on consent, emphasizing the child's welfare.

The petitioners, Rajendra s/o Dilip Maid and Mandabai w/o Dilip Maid, filed a writ petition challenging an order dated 24.03.2021 passed by the learne...

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Bombay High Court Confirms Death Sentence for Rape and Murder of Minor Girl - Upholds Conviction Under Sections 376, 302 IPC and Section 6 POCSO Act. Circumstantial Evidence Including Last Seen Theory and DNA Evidence Sufficient to Prove Guilt Beyond Reasonable Doubt.

The case pertains to the rape and murder of a 16-year-old girl on 5th September 2013. The victim, a student of ITI, was last seen by her mother at Asa...

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Bombay High Court Upholds Specific Performance of Agreement for Sale in Favor of Flat Purchaser Against Developer and Subsequent Purchasers. Agreement for Sale dated 6th March 1980 declared valid and binding, subsequent agreement dated 4th April 1988 declared bogus and invalid.

The case involves a dispute over the specific performance of an agreement for sale of a flat. The flat purchaser, Dr. Arun Subrao Prabhu, entered into...