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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Bombay High Court Acquits Appellants in Assault Case Due to Unreliable Witness Testimony. Conviction under Sections 143, 147, 324, 332 read with 149 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The case involves an appeal against conviction under Sections 143, 147, 324, 332 read with 149 IPC. The prosecution alleged that the appellants formed...

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Bombay High Court Quashes Disqualification of Municipal Councillors Under Section 42 of Maharashtra Municipal Councils Act — Minister's Order Set Aside for Violation of Natural Justice and Lack of Speaking Order

The petitioners, four councillors of the Municipal Council, Narkhed, challenged an order dated 29.11.2016 passed by the Minister of Urban Development,...

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Bombay High Court Dismisses Appeal in Central Excise Interest Liability Case — No Substantial Question of Law Arises. Interest on differential duty under Section 11AB of Central Excise Act, 1944 is payable when price variation clause exists and duty is paid after price revision.

The case involves an appeal by Gammon India Ltd. (formerly Associated Transrail Structures Ltd.) against an order of the Customs, Excise and Service T...

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Bombay High Court Grants Interim Injunction in Share Dispute Alleging Fraudulent Transfer. Plaintiff's claim for half share in father's estate upheld pending trial due to prima facie evidence of fraudulent share transfer under Companies Act.

The plaintiff, Prabodh Jamnadas Kothari, filed a suit seeking declaration of the estate of his deceased father and his 1/2 share therein, particularly...

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Bombay High Court Dismisses Developer's Appeal Against Injunction Restraining Unauthorized Construction of Additional Floors. Purchaser's Right to Seek Injunction Upheld Where Developer Alters Building Character Without Consent and Fails to Form Society as Agreed.

The appeal arises from a suit filed by the respondent (original plaintiff) against the appellant (original defendant) seeking a permanent injunction r...