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Bombay High Court Allows Second Appeal Due to Denial of Oral Hearing Opportunity in Civil Suit. Lower Appellate Court's Judgment Vitiated for Violation of Natural Justice Under Order 41 Rule 28 CPC.

The case involves a second appeal filed by the legal representatives of the deceased original appellant against a partnership firm, M/s. Horizon Realt...

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Karnataka High Court Considers Quashing of Rape Charges Against Accused in Consensual Relationship Where Marriage Promise Was Not Fulfilled. Physical Relationship Rooted in Childhood Friendship Failed to Meet Ingredients of Section 376 IPC.

Background: This criminal petition under Section 482 of the Code of Criminal Procedure, 1973 sought quashing of proceedings pending before the 24th Ad...

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Supreme Court Quashes FIR in Rape Case Due to Consensual Relationship Over 10 Years. Long-Standing Relationship Without Complaint Indicates Consent, Not Rape Under Section 376 IPC.

The Supreme Court allowed the appeal filed by Mahesh Damu Khare against the order of the Bombay High Court which had dismissed his petition under Sect...

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Bombay High Court Allows Rejection of Plaint in Trust Dispute for Non-Compliance with Section 50 of Bombay Public Trust Act, 1950. Suit by devotees challenging removal of deity held barred without Charity Commissioner's consent.

The case involves a Notice of Motion filed by defendant trustees (defendant Nos. 1, 3, 4, and 5) in a suit seeking rejection of the plaint under Order...

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High Court of Bombay at Goa Allows Writ Petition Challenging Inventory Proceedings Due to Illegal Auction. Auction Conducted by Nazir Without Court Order and Partition Chart Drawn by Advocate for Respondent Vitiated Proceedings Under Special Inventory Proceedings.

The petitioner, Mrs. Antonieta B. Fernandes, challenged the order dated 11/05/2017 passed by the Senior Civil Judge, Vasco, in Special Inventory Proce...

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Bombay High Court at Goa Dismisses Appeal Challenging Declaration of Partition Deed as Null and Void. Partition Deed Executed Without Consent of All Co-Owners and Without Legal Necessity is Void Under Transfer of Property Act, 1882 and Specific Relief Act, 1963.

The case involves a family property dispute among the heirs of Hyder Kassim Khan. The plaintiffs, including the widow and son of one of the brothers, ...

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High Court of Karnataka Considers Quashing of Criminal Proceedings in Alleged Rape Case; Consensual Relationship and Dominance Allegations Under Scrutiny. Court Examines Whether Consent Was Obtained by Force, Fraud, or Deceit in Sexual Offences Under Sections 376 and Others of IPC, 1860.

The criminal petition was filed under Section 482 of Cr.P.C. seeking quashing of proceedings in C.C.No.109/2022 pending before JMFC-II, Shivamogga, ar...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...