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Bombay High Court Allows Amendment of Plaint After 30 Years in Property Suit — No Prejudice as Trial Not Commenced. Pre-Trial Amendment Permissible Under Order VI Rule 17 CPC Despite Delay, as No New Cause of Action Introduced.

The present writ petition arises out of a civil suit filed in 1993 by the original plaintiffs, Smt. Bertha Carvalho and Shri Ross Carvalho, against th...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit — Order VII Rule 11 CPC Application Not Maintainable After Preliminary Decree. Preliminary Decree Attains Finality After Dismissal of SLP, Plaint Merges into Decree.

The case involves a long-standing partition dispute between the parties. The great-grandmother of Applicant Nos.1 and 2 originally filed Special Civil...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Eyewitness Testimony. Acquittal of Accused Under Section 302 IPC Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The State of Maharashtra appealed against the acquittal of Surendra Ramchandra Mestri for the murder of Dilip under Section 302 IPC. The prosecution a...

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Bombay High Court Grants Interim Injunction Against Release of Film in Breach of Confidence Action. Screenplay Disclosed in Confidence Used Without Consent Constitutes Breach of Confidence.

The suit is a breach of confidence action, also alleging infringement of copyright. The 1st Plaintiff, a film and screen writer, conceptualized a stor...

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Bombay High Court Dismisses State Appeal in Gang Rape Acquittal — Trial Court's Finding of Inconsistent Child Testimony and Lack of Corroboration Upheld. Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Section 376(2)(g) IPC and Section 5 of Prevention of Immoral Traffic Act.

The State of Maharashtra appealed against the judgment and order dated 28 January 2011 passed by the Sessions Court at Dindoshi, Mumbai in Sessions Ca...

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Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Plaintiffs' Title and Possession. The court affirmed that the suit property was self-acquired by the plaintiffs' grandmother and not ancestral, and the defendant failed to prove adverse possession.

The case involves a property dispute over Gat No. 5/6, area 1.21 HR, situated at village Khamkhed, and a residential house in Jalgaon (Jamod). The pla...

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Bombay High Court Upholds Conviction for Murder Under Section 302 IPC — Life Imprisonment and Fine Affirmed. Evidence of Last Seen Together and Motive Sufficient to Sustain Conviction Despite Lack of Direct Witnesses.

The appellant, Shaukin Jaffer Sayed, was convicted by the II Additional Sessions Judge, Palghar, for the murder of his wife and child under Section 30...