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Bombay High Court at Goa Allows Appeal in Murder Case Due to Procedural Irregularity in Mental Fitness Inquiry. Conviction under Section 302 IPC set aside as trial proceeded without proper inquiry into appellant's unsoundness of mind under Section 328 CrPC.

The appellant, Maria @ Mariano Borges, was convicted by the Additional Sessions Judge, Mapusa, for the murder of his father Francisco Borges on 16.02....

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Bombay High Court Allows Appeal in Trust Property Dispute — Possession of Suit Plot Not Acquired by Government. Land Acquisition Proceedings Did Not Include the Suit Plot, Hence Government Cannot Claim Title or Possession Without Proper Acquisition Under Land Acquisition Act, 1894.

The appeal arises from a judgment and decree dated 25.9.1995 of the Civil Judge, Senior Division, Yavatmal, dismissing Special Civil Suit No.86/1994 f...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Suit for Injunction Regarding Performance of Pooja — Civil Court Has Jurisdiction to Try Suit Relating to Private Civil Rights of Shebait Despite Trust Act Provisions.

The petitioner, original defendant No.1 (Shri Datta Deosthan Trust), filed a Civil Revision Application under Section 115 CPC challenging the order da...

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High Court of Bombay Allows Appeal Against Remand Order in Co-operative Society Land Dispute — Lower Appellate Court Directed to Decide Appeal on Merits. Appellate Court Exceeded Jurisdiction by Framing Additional Issues Without Proper Grounds Under Order 41 Rule 23 CPC.

The appellant, Ashok Magaswargiya Sah. Bhadekaru Malki Griha Nirman Sanstha Ltd, a co-operative society, filed a suit (R.C.S.No.52/2000) against respo...

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Bombay High Court Dismisses Revision Application in Civil Suit for Injunction — Concurrent Findings of Fact Not Interfered With. Revisional Jurisdiction Under Section 115 CPC Cannot Be Exercised to Re-Appreciate Evidence When Findings Are Based on Appreciation of Oral and Documentary Evidence.

The present civil revision application under Section 115 of the Code of Civil Procedure, 1908 was filed by the original defendants (applicants herein)...

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Bombay High Court Dismisses Appeal Against Refusal of Temporary Injunction in Property Suit — Appellants Failed to Establish Prima Facie Case for Injunction Against Alienation of Joint Family Property.

The appellants, Smt. Shubhangi Nandakishor Gaidhani and others, filed an appeal against an order of the trial court refusing to grant a temporary inju...