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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony and Lack of Corroboration. Conviction under Sections 147, 148, 302 read with 149 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The case pertains to a criminal appeal filed by six appellants against their conviction under Sections 147, 148, 302 read with 149 of the Indian Penal...

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Bombay High Court Allows Summary Judgment for Recovery of Security Deposit in Leave and Licence Dispute. Court holds that unconditional leave to defend cannot be granted when defendant fails to raise triable issues and admits liability in correspondence.

The plaintiff, Sanjog Sadanand Parab, filed a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendants, B.P. Ghard...

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Bombay High Court Upholds Contempt Proceedings for Breach of Injunction Against Subsequent Purchaser. Order 39 Rule 2A CPC applies to parties added after injunction order if they have knowledge of it.

The case arises from a civil suit (Regular CS No. 21 of 2001) filed by respondents no. 2 and 3 (original plaintiffs) seeking injunction against defend...

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Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...

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Bombay High Court Dismisses Petitions Challenging Water Cess Levy on Industrial Groundwater Use. Levy under Section 12 of Maharashtra Irrigation Act, 1976 is compensatory and regulatory, not a tax, and validly imposed on industries drawing groundwater for commercial purposes.

The judgment concerns three writ petitions filed by industrial companies—BILT Graphic Paper Products Ltd., UltraTech CemCo Ltd., and Associated Ceme...

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Bombay High Court Dismisses Writ Petition Challenging MHADA Eviction Order in Slum Rehabilitation Case. Court upholds MHADA's jurisdiction to evict unauthorized occupants from transit accommodation under Section 3M of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971.

The judgment pertains to a writ petition filed by 16 individuals who were occupants of transit accommodation in a building known as 'Sukh Sadan' in Go...

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Bombay High Court Dismisses Appeal in Suit for Declaration and Injunction — Failure to Prove Title and Possession. Court upholds dismissal of suit for declaration of ownership and injunction based on insufficient evidence of title and possession under the Specific Relief Act, 1963.

The appellants, Noorjahan and others, filed a suit for declaration of ownership and permanent injunction against the respondents in respect of a prope...

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Bombay High Court Dismisses Petition Challenging Slum Rehabilitation Scheme Implementation. Court upholds eligibility determination and authorization of developer under Maharashtra Slum Areas Act, 1971.

The petitioners filed a writ petition under Article 226 of the Constitution of India seeking to quash proceedings leading to implementation of a Slum ...

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Bombay High Court Rejects Plaint in Partition Suit for Non-Disclosure of Cause of Action and Bar by Limitation. Daughter-in-law's suit for partition of ancestral property dismissed as she is not a coparcener and claim is time-barred under Order VII Rule 11(a) and (d) CPC.

The plaintiff, Smt. Jayashree Ashok Goregaonkar, filed a suit for partition against the defendants, including Kanta Chandrakant Mhatre and others. The...