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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings Upheld. Sale Deed Cancelled to Extent of Plaintiff's 1/4th Share as Purchaser Not a Bonafide Transferee Without Notice.

The present second appeal was filed by the original defendant No.4, Vikrant s/o Vilasrao Patil (since deceased, through legal heirs), challenging the ...

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Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

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Bombay High Court Dismisses Appeal and Confirms Life Conviction for Murder Based on Dying Declaration and Circumstantial Evidence. Dying Declaration Found Voluntary and Credible, and Circumstantial Evidence Established Guilt Beyond Reasonable Doubt Under Section 302 IPC.

The appellant, Shivpujan Harishankar Yadav, was convicted by the trial court for the murder of his wife under Section 302 of the Indian Penal Code, 18...

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Bombay High Court Dismisses State Appeal Against Acquittal in Gang Rape and Dacoity Case Due to Unreliable Prosecutrix Testimony. Failure to Identify Accused and Contradictory Medical Evidence Led to Benefit of Doubt.

The State of Maharashtra appealed against the acquittal of four accused persons (Nakul Trimbak Bhangare, Ulhas Shankar Bhanushali, Suresh Budhaji Raut...

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Bombay High Court Upholds Conviction for Attempt to Murder in Revenge Attack After Rejected Marriage Proposal. Section 307 IPC conviction sustained as victim's consistent testimony and medical evidence proved intention to cause death.

The appellant, Andre Fernandes, was convicted by the Additional Sessions Judge-1, Panaji, Goa, for the offence punishable under Section 307 of the Ind...

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Bombay High Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Shaikh Kalam, was convicted by the Additional Sessions Judge-2 at Jalna for the murder of Shaikh Sattar under Section 302 IPC and sente...

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Bombay High Court Upholds Tenants' Right to Park in Building Compound as Part of Leasehold Rights — Injunction Granted Against Landlord's Interference. Parking rights held to be incidental to tenancy where rent includes parking charges and tenants have used open space from inception.

The appeal arises from a suit filed by Respondent Nos.1 to 10 (original Plaintiffs) seeking a permanent injunction against the Appellant, United India...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Unauthorized Construction and Nuisance. Tenant's unauthorized permanent alterations and nuisance to other occupants justified eviction under Bombay Rent Act.

The case involves a landlord-tenant dispute where the landlord filed a suit for eviction of the tenant from the suit premises under Sections 12 and 13...

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Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...

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Bombay High Court Upholds Eviction Decree for Bonafide Requirement in Rent Control Case. Landlords' need for suit premises held genuine despite acquisition of additional rooms under Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The original defendant (petitioner) was a tenant in suit premises consisting of two rooms admeasuring 10 ft X 10 ft and 8 ft X 10 ft. The plaintiffs (...