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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration and Lack of Homicidal Death Proof. Conviction under Section 302 IPC set aside as prosecution failed to establish that death was caused by the accused beyond reasonable doubt.

The appellant, Sakharam Shankar Garje, was convicted by the Sessions Judge, Beed in Sessions Case No.77/2010 for the murder of his wife Suman under Se...

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Bombay High Court Allows Appeal Against Rejection of Plaint Under Order VII Rule 11(a) CPC — Cause of Action Disclosed. Plaint Cannot Be Rejected Merely Because Judge Thinks Plaintiff May Not Succeed; Defence Not Material at This Stage.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court rejecting the plaint under Order VII Rule 11(a) of the Code of Ci...

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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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Karnataka High Court Hears Appeal Against Conviction for Murder Based on Dying Declaration. The appeal challenged the reliability of the dying declaration and the sufficiency of evidence under Section 302 read with Section 34 of the Indian Penal Code.

The High Court of Karnataka heard a criminal appeal filed by accused Nos. 1 and 2 against their conviction and sentence of life imprisonment for the m...

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Bombay High Court Full Bench Examines Whether Small Cause Court is Subordinate to High Court on Original Side Under Section 41(b) of Specific Relief Act. Reference Arises from Appeals Against Rejection of Injunctions to Restrain Proceedings Under Maharashtra Rent Control Act in Small Causes Court.

The Bombay High Court constituted a Full Bench to answer a reference on the question of law: whether a Small Cause Court under the Presidency Small Ca...

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Bombay High Court Dismisses Revision Against Eviction Decree in RAE Suit — Tenant's Legal Representatives Cannot Challenge Landlord's Title After Attornment. Consent Decree in Partition Suit Binding on Parties; Tenant Cannot Deny Landlord's Title Under Section 116 of Evidence Act, 1872.

The case arises from a civil revision application filed by the defendants (legal representatives of the original tenant) against the judgment and decr...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Property Dispute. Court holds that Order 7 Rule 11(d) CPC requires the plaint to be read as a whole and the defence cannot be considered for deciding whether the suit is barred by law.

The petitioners, original defendants, filed a Civil Revision Application under Section 115 CPC challenging the order dated 26.04.2011 passed by the Ci...

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Supreme Court Dismisses Appeal by Purchasers of Property in Bombay Rents Act Dispute Over Construction Loan. Court Holds That Claim for Recovery of Loan Advanced Under Section 18(3) of the Act Arises Out of Act, Vesting Exclusive Jurisdiction in Court of Small Causes Under Section 28.

The litigation arose from a dispute over a construction loan and the consequent failure to grant tenancy, which brought into question the jurisdiction...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court which con...