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Bombay High Court disposes of criminal writ petition and appeal concerning illegal occupation of flats by petitioner and family. The court considers the legality of the FIR and the order of the Special MPID Court in the context of SARFAESI and MPID proceedings.

By this common judgment, the High Court disposed of Criminal Writ Petition No.2414 of 2005 and Criminal Appeal No.688 of 2006. The writ petitioner, In...

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Bombay High Court Upholds Will in Testamentary Suit, Dismissing Challenge by Widow of Predeceased Son. Court Finds No Suspicious Circumstances or Undue Influence Proven, Holds Will Valid Under Indian Succession Act, 1925.

The dispute arose from the testamentary proceedings concerning the estate of Lady Jena Jamshedji Duggan, a social worker and dowager who died on 2nd S...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Untoward Incident Under Section 124-A of Railways Act, 1989. Fall from Train Due to Jerk and Rush Constitutes Untoward Incident; Tribunal's Rejection Based on Nature of Injuries Set Aside.

The appeal was filed by the original claimants, Nirmala wd/o Nagorao Gadling and Sachin s/o Nagorao Gadling, challenging the judgment and award dated ...

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Bombay High Court at Goa Dismisses Criminal Revision Applications Challenging Cognizance and Process Issuance in CBI Corruption Case. Sanction for Prosecution Under Section 19 of Prevention of Corruption Act, 1988 Not Required for Private Complaints Under Section 190 CrPC.

The judgment pertains to four criminal revision applications filed by multiple applicants challenging the order of the Special Judge (CBI) at Goa, who...

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High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Reverses Trial Court's Dismissal of Suit for Partition and Separate Possession. Court Holds That Plaintiff Proved Joint Family Status and Entitlement to Share in Suit Properties, Directs Preliminary Decree for Partition.

The appellant, Sri. Chandrashekar S/o Channabasanagouda Harti, filed a suit for partition and separate possession of suit schedule properties against ...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption Under Section 139 of NI Act Shifts Burden on Accused, Which Was Not Discharged.

The appellant, Mohammad Murtuza Mohammad Yusuf, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, G...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies when signature on cheque is admitted, shifting burden on accused to rebut existence of debt.

The appellant, Bapurao s/o Motiram Mankar, a senior citizen, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against respo...

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Bombay High Court Upholds Labour Court's Order Converting Dismissal into Retrenchment for Workman Found Guilty of Misconduct. Punishment of Dismissal Held Disproportionate to Misconduct of Theft of Company Property; Workman Entitled to Retrenchment Compensation and Notice Pay.

The petitioner, Kirloskar Copeland Ltd., challenged the order of the Labour Court, Satara, dated 24th April 1996, in Complaint (ULP) No.17 of 1988, an...