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Bombay High Court Dismisses Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Fact Not Interfered With. Court held that the second appellate court cannot reappreciate evidence and interfere with concurrent findings of fact unless perverse or based on no evidence.

The case involves a second appeal filed by the original plaintiffs against the judgment and decree of the lower appellate court which reversed the tri...

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Bombay High Court Dismisses Appeal in POCSO Case — DNA Evidence Conclusive Despite Hostile Victim. Conviction Under Section 376(2)(i)(n) IPC and POCSO Act Upheld as DNA Report Proved Appellant as Biological Father of Aborted Fetus of Mentally Retarded Minor.

The appellant, Shaktiman Sondawale, was convicted by the Additional Sessions Judge, Nagpur, for offences under Section 376(2)(i)(n) IPC and Sections 5...

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Bombay High Court Allows Appeal Against Compromise Decree in Lok Adalat Settlement — Minor's Interest Not Protected. Court sets aside compromise decree as minor defendant was not properly represented and compromise was not in his interest under Order 32 Rule 7 CPC.

The present Letters Patent Appeal arises from the decision of a learned Single Judge in Writ Petition No. 2965/2011, which had upheld a compromise dec...

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Bombay High Court Allows Appeal Against Compromise Decree in Lok Adalat Settlement — Minor's Interest Not Protected. Failure to Appoint Guardian Ad Litem for Minor Defendant Renders Compromise Decree Voidable Under Order 32 Rule 7 CPC.

The Letters Patent Appeal was filed by Mangesh, a minor, through his next friend Ambika Manik Mane, challenging the decision of a learned Single Judge...

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Bombay High Court Acquits Accused in Kidnapping and Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 363, 366, and 376 IPC Set Aside as Prosecution Failed to Prove Age of Victim and Offence Beyond Reasonable Doubt.

The appellant, Ganesh Palaspagar, was convicted by the Additional Sessions Judge, Amravati for offences under Sections 363, 366, and 376 IPC. The pros...

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Bombay High Court Grants Temporary Injunction for Restoration of Possession in Suit for Specific Performance and Possession — Plaintiff Establishes Prima Facie Case and Balance of Convenience in His Favor.

The plaintiff filed an interim application seeking temporary injunction for restoration of possession of the suit premises during the pendency of the ...

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Bombay High Court Partially Allows MSRTC Appeal and Claimants' Cross-Objection in Motor Accident Claim — Future Prospects Not Applicable to Deemed Income of Student. Notional Income of Deceased Student Determined at Rs. 10,000 Per Month with 40% Deduction for Personal Expenses.

The case arises from a motor accident claim petition filed by the parents and sister of a 20-year-old male student who died in a road accident. The de...