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Madras High Court Partially Allows Partition Appeal, Upholds 1/2 Share for Plaintiff but Sets Aside Mesne Profits Award. Co-owner in possession not liable for mesne profits without proof of ouster.

The appeal arises from a judgment and decree dated 28.02.2018 in O.S.No.65 of 2009 on the file of the Fast Track Mahila Court, Dindigul. The plaintiff...

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Bombay High Court Dismisses Petition for Mandamus to Register Will and Issue Succession Certificate. Court holds that registration of Will after testator's death is impermissible and succession certificate can only be granted by civil court, not through writ petition.

The petitioners, legal heirs of late Sebastiao Gracias, filed a writ petition under Article 226 of the Constitution of India seeking a direction to th...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42 of NDPS Act, 1985. Secret Information Not Forwarded to Superior Officer, Search Vitiated.

The appellant, Kallumal Jaidmal Kukareja @ Kallumama, was convicted by the NDPS Special Judge, Greater Bombay, for an offence punishable under Section...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Injunction Suit — Petitioners Failed to Prove Title Over Suit Property. The Court upheld the rejection of interim injunction as the petitioners' title was already negated in earlier Second Appeal No. 111 of 1986.

The petitioners, Vishal Bhagwan Chandanshive and Ilahi Bandu Barudwale, filed a writ petition under Article 227 of the Constitution of India challengi...

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Bombay High Court Dismisses Appeals Against Execution of Foreign Decree in Mistaken Credit Case. Foreign Judgment for Recovery of USD 5,00,000 Held Conclusive Under Section 13 CPC as Not Contrary to Public Policy.

The appeals arise from a suit filed by BNP Paribas (Switzerland) SA (the respondent bank) for execution of a foreign judgment passed by the District C...

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Bombay High Court Acquits Police Head Constable in Corruption Case Due to Unreliable Witnesses and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

The appellant, Haridas Jamunah, a Police Head Constable, was convicted by the Special Court, Washim for demanding and accepting a bribe of Rs.1000 for...

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Bombay High Court Allows Second Appeal in Property Suit — Finds Concurrent Findings of Courts Below Suffer from Material Irregularity and Perversity. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The present second appeal arises from a suit for declaration of ownership and permanent injunction filed by the respondents (original plaintiffs) agai...

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Bombay High Court Allows Expunging of Expert Evidence Applying Foreign Law in Suit for Enforcement of Foreign Judgment. Expert Witness Cannot Apply Foreign Law to Facts; Only State the Law Under Order 18 Rule 17 CPC and Section 45 Evidence Act.

The plaintiffs filed a Notice of Motion seeking to expunge parts of the affidavit of evidence of the defendants' expert witness, Mr. Patrick Keel, who...

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Bombay High Court Dismisses Second Appeal by Purchaser in Will Dispute. Sale Deed Executed by Widow with Life Interest Declared Void Ab Initio as She Had No Right to Alienate Property Beyond Her Lifetime.

The dispute arose from a Will executed by Hari on 22/09/1986, bequeathing 81 R land from Khasra no.95 along with a farmhouse to his son Bhojraj, and 8...