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Bombay High Court Dismisses Suit for Money Decree Based on Oral Agreement Allegedly Contradicting Written MOU. Plaintiff's claim for consideration under oral agreement fails as MOU silent on consideration and evidence insufficient to prove oral agreement.

The Plaintiff, Bharat Nathalal Kansara, filed a suit in the Bombay High Court against his brothers, Praful Nathalal Kansara and another, seeking a mon...

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High Court of Karnataka Adjudicates Batch of Petitions Challenging Constitutional Validity of Forest Development Tax Notification. Petitioners Alleged Notification Ultra Vires Article 246 and Forest (Conservation) Act, 1980, Seeking to Quash Demand Notices.

A batch of writ petitions was filed before the High Court of Karnataka by various mining companies, corporations, and individuals, including National ...

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Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Legally Enforceable Debt. Complainant failed to establish that the cheque was issued for a legally enforceable debt or liability under Section 138 of the Negotiable Instruments Act, 1881.

The appellant, Pradeep Kashiram Kadam, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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WRIT PETITION No. 4045 OF 2005

The matter arises from a writ petition under Article 226 of the Constitution of India filed by the Ahmednagar Municipal Corporation, a local authority...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees granting 1/3rd share to plaintiffs in joint family property, rejecting defendants' claim of prior partition.

The present regular second appeal was filed by defendants No.1 to 6 (appellants) under Order XLII Rule 1 read with Section 100 of the Code of Civil Pr...

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Bombay High Court Allows State Appeal Against Inadequate Sentence in Child Rape Case — Sentence Enhanced from 2 to 7 Years. Court held that two years RI for attempt to rape a 7-year-old child was grossly inadequate under Section 376 read with Section 511 IPC and Section 8(2) of Goa Children's Act, 2003.

The State of Goa appealed under Section 377 of the Code of Criminal Procedure, 1973 against the judgment and order dated 5th December 2008 passed by t...

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Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Change of Opinion. Notice under Section 148 of Income Tax Act, 1961 for reassessment of derivative transaction loss set aside as Assessing Officer had already examined the issue during original assessment.

The petitioner, Shrikant Phulchand Bhakkad (HUF), through its Karta, filed a writ petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court Upholds Acquittal of Accused in Cruelty and Unnatural Sex Case Due to Inconsistent Evidence and Lack of Corroboration. Allegations Under Sections 498A and 377 IPC Fail as Complainant's Testimony Found Unreliable and Medical Evidence Does Not Support Unnatural Sex.

The State of Maharashtra appealed against the judgment and order dated 17/6/1999 passed by the Metropolitan Magistrate, 26th Court, Borivali, Mumbai, ...

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Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Improper Complaint by Constituted Attorney. Complaint under Section 138 NI Act fails as attorney lacked personal knowledge and power of attorney was not proved.

The appellant, M/s. Amin Warehousing, a proprietary concern, filed a complaint through its constituted attorney against the respondent, Al Freight Int...