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Bombay High Court Upholds Divorce Decree in Favor of Husband on Grounds of Cruelty and Desertion Under Hindu Marriage Act. Wife's Claim for Maintenance Dismissed as She Failed to Prove Neglect Under Hindu Adoptions and Maintenance Act.

The case involves two appeals arising from a common judgment of the Family Court No. VII, Mumbai. The first appeal (FCA 28/2012) is by the wife challe...

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High Court of Bombay at Goa Allows Second Appeal Due to Non-Compliance with Order 41 Rule 31 CPC — Lower Appellate Court Failed to Frame Points for Determination and Provide Adequate Reasoning. The judgment of the Lower Appellate Court was set aside and the matter remanded for fresh disposal.

The present Second Appeal arises from a dispute between the appellants (original plaintiffs) and the respondents (original defendants) concerning prop...

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Bombay High Court Quashes Process Against Accused in Cheque Bounce Case for Lack of Territorial Jurisdiction. Issuance of process under Section 138 of Negotiable Instruments Act, 1881 set aside as accused resided outside magistrate's jurisdiction and no part of cause of action arose within it.

The petitioners, Netcore Solutions Pvt. Ltd. and its directors/officers, all residents of Mumbai, challenged the order dated 16.12.2010 passed by the ...

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Bombay High Court Allows Writ Petition Challenging Rejection of Plaint in Suit for Declaration and Injunction — Trial Court Erred in Dismissing Suit Under Order VII Rule 11 CPC Without Considering Plaint as a Whole and Without Trial on Issues of Title and Possession.

The petitioners (plaintiffs) filed a suit for declaration and permanent injunction in the Civil Judge, Junior Division, Salcete, claiming that they we...

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Bombay High Court Dismisses Review Petition in Eviction Case — No Error Apparent on Record. Review of judgment dated 21.10.2010 in Writ Petition No.711/2010 rejected as applicants sought re-argument of merits, not review under Order 47 Rule 1 CPC.

The applicants, tenants Shrichand s/o Rochaldas Khemani and Kawarlal s/o Rochaldas Khemani, filed a review application before the Bombay High Court, N...

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Bombay High Court Directs Revenue Authorities to Consider Petitioners' Applications for NA Permission and Mutation in Land Revenue Matter. Writ of mandamus issued to Collector and Talathi to process applications under Maharashtra Land Revenue Code, 1966.

The petitioners, claiming to be owners of land bearing Old Survey No.447, New Survey No.142, Hissa No.4 admeasuring 4310 sq.meters at village Navghar,...

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Bombay High Court Allows Bank's Revision and Appeal in SARFAESI Act Case — Civil Suit Barred Under Section 34. Jurisdiction of Civil Court is Ousted When Secured Creditor Takes Action Under SARFAESI Act for Enforcement of Security Interest.

The case involves a civil suit filed by Sagar and Saurabh Deshmukh (original plaintiffs) against their father Pramod Deshmukh, mother Vrunda Deshmukh,...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Compensation Enhanced from Rs. 1,08,000 to Rs. 2,31,000. Multiplier of 16 applied for deceased aged 22 years, with 50% deduction for personal expenses and 50% addition for future prospects under Motor Vehicles Act, 1988.

The appeal arises from a judgment and order dated 5th May 1994 passed by the Motor Accidents Claims Tribunal, Nashik, partly rejecting the claim for c...