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Bombay High Court Dismisses Petition Challenging Amendment in Specific Performance Suit. Amendment to incorporate subsequent events and additional reliefs was held permissible under Order VI Rule 17 CPC as it did not change the nature of the suit.

The petitioner, original defendant No.5 in a suit for specific performance of agreements dated 19/4/1992 and 20/11/1992 concerning lands bearing Surve...

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Bombay High Court Quashes Conviction in Cheque Dishonour Case Due to Lack of Proper Service of Notice — Service of Demand Notice Under Section 138 NI Act Must Be on the Correct Address of the Drawer.

The petitioner, Pradip S. Dixit, was convicted by the Metropolitan Magistrate, 7th Court, Dadar, Mumbai, for an offence under Section 138 of the Negot...

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Bombay High Court Upholds Conviction for Rape of Minor Under Section 376(2)(f) IPC — Penetration Established by Medical Evidence. The court held that slight penetration is sufficient for rape and the medical evidence corroborated the victim's testimony.

The appellant, Mohammed Gaus Ibrahim Shaikh, was convicted by the Additional Sessions Judge, Greater Bombay, for the offence of rape under Section 376...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Involving Beer Labels. Plaintiff's mark 'HAYWARDS 5000' held to be infringed by defendant's use of '5000' in similar label, as numeral is an essential feature not descriptive of beer strength.

The plaintiff, Skol Breweries Limited, filed a suit for trademark infringement and passing off against the defendants, Som Distilleries & Breweries Li...

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Bombay High Court Upholds Relegation to Arbitration in Contract Dispute — Arbitration Clause in Annexure to Agreement Held Binding. Section 8 of Arbitration and Conciliation Act, 1996 applied to refer parties to arbitration despite dispute over existence of arbitration clause.

The petitioner, M/s. Arihant Agrotech, a partnership firm, entered into an agreement dated 29/6/2008 with the respondents, Birla Cotsyn (I) Limited, f...

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Bombay High Court Allows Writ Petition, Restores Process in Cheque Dishonour Case. Jurisdiction for Section 138 NI Act lies where cheque is deposited for collection, not only where drawee bank is located.

The petitioner, Dr. Kiran Laxminarayan Maheshwari, a medical practitioner at Murbad, filed a complaint under Section 138 of the Negotiable Instruments...

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Bombay High Court Dismisses Petitions Challenging Demolition of Illegal Construction in Residential Zone. Unauthorized construction in residential zone without valid development permission is liable for demolition under MRTP Act and BMC Act.

The case involves two writ petitions filed by Sharvan Developers Private Limited and others, and by Jayesh Mehta and others, challenging a demolition ...

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Bombay High Court Acquits Six Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50. Failure to Record Reasons for Search and Lack of Independent Witnesses Renders Recovery of Contraband Illegal.

The case involves six appellants who were convicted by the trial court under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for p...