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Bombay High Court Dismisses Probate Suit as Attesting Witnesses Deny Testator's Presence During Execution. Will Not Proved in Solemn Form Due to Non-Compliance with Section 63(c) of Indian Succession Act, 1925.

The dispute concerned the estate of Sahadev Deraj Shah, who died on 5th January 1998. His second wife, Shobhana, and the executors propounded a Will d...

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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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Bombay High Court Allows Husband to Lead Evidence First in Property Dispute with Wife — Order 18 Rules 1 and 2 CPC Interpreted. Husband Must Prove His Case as He Would Be Defeated if No Evidence Is Given, Given His Admission of Wife's Payment.

The case involves a property dispute between husband and wife. The wife filed a petition seeking a declaration that she is the sole owner of one of tw...

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Gujarat High Court Acquits Accused in Child Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 363, 365, and 376 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Kedar Rathod, was convicted by the Additional Sessions Judge, Bardoli, for offences under Sections 363, 365, and 376 of the Indian Pena...

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Bombay High Court Disposes of Criminal Appeals Against Conviction in MCOCA Special Case No.1 of 2006. Accused-Appellants Were Convicted Under Various IPC and MCOCA Sections for Kidnapping for Ransom and Murder; Appeals Heard and Disposed by Common Judgment.

The case involved the abduction, ransom demand, and murder of Sagar Sahani, son of businessman Satinder Sahani. On 14 August 2005, Sagar was abducted ...

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Bombay High Court Acquits Appellants in Murder Case Due to Unlawful Assembly and Unclear Role of Accused. Conviction under Section 302 read with 34 IPC set aside as prosecution failed to prove common intention and individual overt acts.

The appellants, Kishor and Samadhan Shirsath, were convicted by the Additional Sessions Judge, Aurangabad for the murder of Kapil under Section 302 re...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Identification and Lack of Corroboration — Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt

The appellant, Madhu @ Madhav Nivruti Pawar, was convicted by the 7th Ad-hoc Additional Sessions Judge, Greater Mumbai at Sewree in Sessions Case No.4...

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High Court of Bombay at Goa Allows Customs Appeals in Gold Smuggling Case Due to Lack of Evidence and Procedural Violations. Confiscation of Gold and Imposition of Penalties Set Aside for Failure to Prove Smuggling Beyond Reasonable Doubt.

The case involves five appeals filed by Ciabro Alemao (through legal representatives), Joaquim Alemao, Churchill Alemao, Anthony John Rodrigues, and S...

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Karnataka High Court Adjudicates Appeal Concerning Custody of Minor Child Under Guardians and Wards Act, 1890. Appeal challenges Family Court's order granting custody to father based on allegations of mother's adulterous conduct and welfare considerations.

The matter pertains to a first appeal filed under Section 47(c) of the Guardians and Wards Act, 1890, challenging the judgment and decree dated 03.03....