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Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...

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Gujarat High Court Upholds Divorce Decree on Ground of Cruelty Under Hindu Marriage Act — Husband's Failure to Repay Loan and False Allegations of Adultery Constitute Mental Cruelty

The case involves a husband's appeal against a Family Court decree granting divorce to his wife on the ground of cruelty under Section 13(1)(ia) of th...

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Gujarat High Court Dismisses Husband's Appeal Against Divorce Decree in Cruelty Case — Mental Cruelty Established by Wife's Uncontroverted Evidence of Loan Default and False Allegations of Adultery Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The appellant-husband filed a first appeal under Section 19 of the Family Courts Act, 1984, challenging the judgment and decree dated 27.06.2023 passe...

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Gujarat High Court Dismisses Revision Against Succession Certificate Granted to Widow and Children in Summary Proceeding Under Indian Succession Act. Concurrent findings of fact on validity of marriage cannot be interfered with under Section 115 CPC in absence of jurisdictional error or perversity.

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 read with Section 384(1)(3) of the Indian Succession Act...

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Supreme Court Enhances Compensation for Amputation Victim in Motor Accident Case — Functional Disability Assessed at 90% Based on Loss of Earning Capacity. Claimant's Age Determined as 22 Years Using Documentary Evidence, Multiplier of 18 Applied Under Motor Vehicles Act, 1988.

The Supreme Court allowed the appeal of the claimant-appellant, Sanjay Rajpoot, against the judgment of the Allahabad High Court which had enhanced th...

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Bombay High Court Upholds Eviction Decree in Possession Suit — Licensee's Claim of Ownership Rejected. Staff Quarter Adjoining Purchased Flat Held to Be Part of Suit Premises; Licensee Cannot Claim Ownership After License Revocation.

The case involves a first appeal against a decree of eviction passed by the City Civil Court, Mumbai. The respondent/original plaintiff, Anjana Viren ...

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Bombay High Court Acquits Accused in Robbery Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Sections 394 and 397 IPC Set Aside as Testimony of Sole Eyewitness Found Unreliable and Medical Evidence Inconsistent.

The case involves two criminal appeals filed by three accused persons convicted under Sections 394 and 397 of the Indian Penal Code (IPC) for robbery ...