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Bombay High Court Dismisses Victim's Appeal Against Acquittal in Sohrabuddin Case for Lack of Maintainability. Appellant, examined as a prosecution witness, not considered a 'victim' under Section 372 Cr.P.C. as he was not the person who suffered loss or injury directly from the crime.

The case involves an appeal filed by Mahendrasinh Jorubha Zala, who was examined as a prosecution witness (PW-205) in a trial concerning the alleged c...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Advertising Contract Dispute. Court Upholds Award of Rs.29,51,000 with 12% Interest for Breach of Contract Relating to Free Commercial Time Banking Policy.

The petitioners, M/s. Media Masters and its partner, challenged an arbitral award dated 13th March, 2009 passed by a Sole Arbitrator. The award allowe...

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Supreme Court Hears Appeal on Limitation Issues in Suit for Declaration and Injunction by Hereditary Temple Worshippers. The Court Examines Whether Ouster by Trustees Constitutes a Continuing Wrong Under Section 23 of the Indian Limitation Act, 1908.

The dispute arose from the Shree Dnyaneshwar Maharaj Sansthan at Alandi, where the appellants, known as Guravs, were hereditary worshippers claiming o...

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High Court of Karnataka Allows Income Tax Department's Appeal Against Acquittal in Section 276CC Income Tax Act Case. Court Restores Proceedings for Trial on Merits, Holding That Magistrate Erred in Closing Case Without Considering Evidence.

The Income Tax Department filed multiple criminal appeals under Section 378 of the Code of Criminal Procedure, 1973, against an order dated 03.04.2021...

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High Court of Karnataka Acquits Accused in Cheque Bounce Case Due to Time-Barred Debt. Section 138 Negotiable Instruments Act, 1881 - Dishonour of Cheque - Presumption under Section 139 rebutted by accused showing loan was time-barred, hence not legally enforceable.

The present revision petition was filed by the accused (petitioner) challenging her conviction under Section 138 of the Negotiable Instruments Act, 18...

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Bombay High Court Allows Appeal in Partition Suit — Dispute Over Agricultural Land Between Brothers. Court Holds That a Suit for Partition Is Not Barred by Limitation When the Plaintiff Is in Joint Possession and the Property Is Ancestral.

The appellant, Shivaji Gopal Kurhade, filed a suit for partition and separate possession of ancestral agricultural land against his brothers and their...

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High Court of Karnataka Allows Appeal in Property Suit — Remand Order Set Aside Due to Lack of Jurisdiction Under Order XLI Rule 33 CPC. Appellate Court Exceeded Powers by Setting Aside Final Decree in Unconnected Suit Without Appeal or Cross-Objection.

The appellant, Smt. Shantawwa, filed a Miscellaneous Second Appeal under Section 43 Rule 1(u) read with Section 104 of the Code of Civil Procedure, 19...

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Supreme Court Holds Order VIII Rule 6A CPC Mandatory for Filing Counterclaim Before Written Statement. Counterclaim Filed After Written Statement Is Not Permissible as Provision Imposes Embargo on Belated Filing.

The Supreme Court of India, in a three-judge bench, addressed a reference regarding the interpretation of Order VIII Rule 6A of the Code of Civil Proc...

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Supreme Court Remands First Appeal for Fresh Disposal Due to Non-Compliance with Order XLI Rule 31 CPC. High Court Failed to Reappreciate Evidence and Address Limitation Issue Under Article 54 of Limitation Act, 1963 in Suit for Specific Performance.

The Supreme Court considered an appeal by the plaintiff against the judgment of the Karnataka High Court, which had affirmed the trial court's dismiss...