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Supreme Court Allows Appeal in Tender Dispute Over EMD Mode — Fixed Deposit Held Valid for Out-of-State Bidder. Tender Condition Requiring Demand Draft for Out-of-State Bidders Interpreted as Directory, Not Mandatory, Based on Consistent State Practice.

The appellant, RR Constructions and Infrastructure India Pvt. Ltd., an out-of-State bidder, was disqualified by the High Court for submitting a Fixed ...

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Supreme Court Allows Appeal in Mortgage Suit: High Court Erred in Holding No Mortgage Created Despite Agreement to Deposit Title Deeds. Equitable Mortgage by Deposit of Title Deeds Under Section 58(f) of Transfer of Property Act, 1882 Established Through Agreement and Evidence.

The dispute arose from a loan transaction between the appellant (plaintiff) and the respondent (defendant) in February 1995, where the appellant advan...

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Bombay High Court Dismisses Civil Revision Applications Challenging Order to Remove Encroachments from Suit Property in Partition Suit. Court Upholds Trial Court's Discretion Under Order 39 Rule 1 and 2 CPC to Direct Removal of Encroachments During Pendency of Suit to Preserve Subject Matter of Suit.

The case involves two Civil Revision Applications filed by the applicants (original defendants) challenging an order dated 30/04/2019 passed by the Ci...

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Bombay High Court Upholds Father's Vacation Access to Children in Custody Dispute with Conditions to Prevent Removal from India. Family Court's Order Allowing Seven-Day Trip Within India Upheld with Additional Safeguards Including Passport Deposit and Reporting Requirements.

The case involves a custody dispute between Dr. Ashrita S. Toshniwal (petitioner/wife) and Sandeep S. Toshniwal (respondent/husband) regarding their t...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Dowry Demand. Conviction under Sections 302, 304B, 498A IPC set aside as prosecution failed to prove dowry demand and cruelty leading to suicide.

The appellants, Sopan Bhausaheb Gunjal (husband), Sitabai Bhausaheb Gunjal (mother-in-law), and Bhausaheb Kisan Gunjal (father-in-law), were convicted...

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Bombay High Court Sets Aside Ex-Parte Order of Debts Recovery Tribunal in Cooperative Bank Case. The Court held that an ex-parte order passed without hearing the petitioner is liable to be set aside in the interest of justice.

The petitioner, The Khamgaon Urban Cooperative Bank Ltd, challenged an ex-parte order dated 26.08.2009 passed by the Debts Recovery Tribunal, Nagpur. ...

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Bombay High Court Quashes Criminal Proceedings in Maintenance Case Due to Civil Court Decree of Divorce — Husband's Complaint for Maintenance Filed After Divorce Decree Not Maintainable Under Section 125 CrPC

The petitioners, including the wife and her relatives, sought quashing of criminal proceedings initiated by the husband (respondent no.1) under Sectio...