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Bombay High Court Dismisses Second Appeal in Possession Suit Based on Title — Concurrent Findings of Permissive Possession and Adverse Possession Not Proved.

The case involves a second appeal filed by the original defendant No.1, Balasaheb Govind Basugade, challenging concurrent judgments and decrees passed...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands for Fresh Consideration of Measurement Evidence. Court holds that the lower appellate court failed to consider the TILR's map and report, which constituted a substantial question of law under Section 100 CPC.

The present second appeal arises from a suit for possession of encroached land. The appellants, original plaintiffs, are members of a joint family own...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony and Lack of Corroboration. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The case pertains to an appeal against the conviction of four appellants under Section 302 read with Section 34 of the Indian Penal Code (IPC) for the...

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Bombay High Court Acquits Accused in Kidnapping and Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 363, 366, and 376 IPC Set Aside as Prosecution Failed to Prove Age of Victim and Offence Beyond Reasonable Doubt.

The appellant, Ganesh Palaspagar, was convicted by the Additional Sessions Judge, Amravati for offences under Sections 363, 366, and 376 IPC. The pros...

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Bombay High Court Dismisses Decree Holders' Challenge to Executing Court's Order Permitting Objector to Lead Evidence in Execution Proceedings. Executing Court Has Discretion to Allow Oral Evidence Under Order 21 Rule 105 CPC When Objector Raises Substantial Questions Regarding Executability of Decree.

The petitioners, decree holders, filed two writ petitions challenging identical orders passed by the Court of Joint Civil Judge, Senior Division, Nagp...

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Bombay High Court Acquits Husband in Murder Case Due to Insufficient Circumstantial Evidence. Mother-in-law's conviction for dowry death under Section 304B IPC upheld as death occurred within seven years of marriage and cruelty for dowry was proved.

The case involves two appeals against a Sessions Court judgment convicting Navneet Balkrishna Naidu (husband) under Section 302 IPC for murder of his ...

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Bombay High Court Allows Second Appeal in Adoption Dispute — Registered Adoption Deed Valid Under Section 16 of Hindu Adoption and Maintenance Act, 1956. Plaintiff failed to rebut presumption of valid adoption, suit for possession dismissed.

The appellant, Balu Natha Repe, was the original defendant in a suit filed by the original plaintiff, Smt. Kamalaben Natha Repe (since deceased, repre...

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Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance — Held That Application Under Order 9 Rule 13 CPC Was Not Maintainable as the Decree Was Not Ex-Parte But on Merits After Written Statement Was Filed.

The appellants, Jagdish Tukaram Mulik and others, filed an appeal against an order of the Civil Judge, Senior Division, Pune, dismissing their applica...