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Bombay High Court Dismisses Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that second appeal under Section 100 CPC cannot be entertained on questions of fact when no substantial question of law arises.

The appellants, as plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of certain immovable property. The trial ...

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Bombay High Court Upholds Conviction for Murder Based on Circumstantial Evidence and Last Seen Theory. The court held that the chain of circumstances was complete and the appellant was guilty under Section 302 IPC.

The appellant, Mahammad Shabbir Akbar Shaikh, was convicted by the Sessions Judge, Raigad Alibag, for the murder of a woman and a boy under Section 30...

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Bombay High Court Dismisses Writ Petition Challenging Return of Appeal Memo for Lack of Pecuniary Jurisdiction. Forum of appeal determined by valuation in decree, not plaint valuation under Section 8 of Suits Valuation Act, 1887 and Section 6 of Bombay Civil Courts Act, 1869.

The petitioners, original plaintiffs, filed Regular Civil Suit No.1171 of 2006 seeking declaration that a gift deed dated 10/11/2005 executed by defen...

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High Court Dismisses Review Petition in Property Dispute Over Will — No Error Apparent on Face of Record. Review under Section 114 CPC read with Order 47 Rule 1 CPC cannot be used to re-argue the case or correct erroneous findings unless there is an error apparent on the face of the record.

The applicants (original appellants) filed a review application under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908, seek...

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Bombay High Court Upholds Conviction for Kidnapping for Ransom and Murder in Section 364A IPC Case — Life Sentence Confirmed Based on Circumstantial Evidence and Recovery of Victim's Body. Appellants' Appeal Dismissed as Prosecution Proved Chain of Circumstances Leading to Guilt Beyond Reasonable Doubt.

The case pertains to the kidnapping for ransom and subsequent murder of a 10-year-old boy, the son of a police constable. The appellants, Shashikant T...

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Bombay High Court Dismisses Appeal in Property Suit — Upholds Order Rejecting Plaint for Non-Disclosure of Cause of Action. Failure to Establish Title and Possession Leads to Rejection of Plaint Under Order VII Rule 11 CPC.

The appellant, M/s. Rizvi Builders, a proprietary concern of Mr. Akhtar Hasan Rizvi, filed a suit against the respondents, who are members of a Hindu ...