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Bombay High Court Allows Second Appeal in Partition Suit, Restores Trial Court's Dismissal. Plaintiffs Failed to Prove Suit Lands Were Joint Family Property Under Hindu Law.

The case involves a partition suit filed by the descendants of Nama and Maruti against the legal heirs of Tukaram, claiming that 24 agricultural lands...

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Bombay High Court Acquits Accused in Dowry Death and Murder Case Due to Lack of Evidence of Dowry Demand and Unreliable Dying Declaration. Conviction under Sections 498-A, 304-B, and 302 IPC set aside as prosecution failed to prove demand of dowry or homicidal death.

The appellant, Vilas Ananda Vandre, was convicted by the IIIrd Additional Sessions Judge, Kolhapur, for offences under Sections 498-A, 304-B, and 302 ...

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Bombay High Court Dismisses Writ Petition Challenging Recovery Order Under Mathadi Act — Settlement Amount Already Distributed to Workers. The court held that since the deposited amount had been withdrawn by the Board and paid to workers, the petition became infructuous.

The petitioner, a cooperative society, entered into a settlement with Mathadi workers represented by the union and the Board. Under the settlement, th...

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Bombay High Court Upholds Conviction for Murder in Garbage Sifting Dispute. Eye Witness Testimony Found Credible to Establish Guilt Under Section 302 IPC for Stone Attack on Sleeping Victim.

The appellant, Deepak alias Kalya Mahadeo Bhuwad, was convicted by the Sessions Court under Section 302 of the Indian Penal Code for the murder of Ani...

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Bombay High Court Dismisses Appeal Against Acquittal in NDPS and Customs Act Case Due to Procedural Lapses. Non-compliance with Section 42 of NDPS Act and absence of independent witnesses led to failure of prosecution to prove guilt beyond reasonable doubt.

The appeal was filed by the Assistant Collector of Customs, Bombay, against an order of acquittal dated 9/11/1992 passed by the Special and Additional...

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Bombay High Court Dismisses Petition by Education Society Challenging Reinstatement of Fixed-Term Teacher. Termination of Teacher Before Expiry of Fixed Term Without Notice and Hearing Violates Natural Justice and Section 5 of MEPS Act.

The petitioner, an education society running a school, appointed the respondent as an Assistant Teacher for the academic year 1990-91 on a fixed-term ...

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Bombay High Court Allows Redemption in Mortgage by Conditional Sale Dispute. Deed Dated 21-4-1953 Held to be Mortgage by Conditional Sale Under Section 58(c) of Transfer of Property Act, 1882, Not Sale with Condition of Repurchase.

The case involves a second appeal arising from a suit for redemption of mortgaged land. The plaintiffs (respondents) claimed that their late father, T...