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Supreme Court Allows Appeal, Upholds Arbitral Award Holding Husband Jointly and Severally Liable for Wife's Debit Balance in Stock Trading Account — Oral Contract for Joint Liability Falls Within Scope of BSE Bye-law 248(a) Arbitration Clause.

The Supreme Court allowed the appeal filed by AC Chokshi Share Broker Private Limited against the order of the Bombay High Court's division bench, whi...

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Bombay High Court Acquits Husband in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC set aside as dying declarations were contradictory and not corroborated by medical evidence.

The appellant, Sandip Prakash Rathod, was convicted under Section 302 of the Indian Penal Code for the murder of his wife, Kavita, by setting her on f...

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Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

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High Court of Karnataka Allows Restoration of Suit for Partition Despite Abatement Order — Trial Court Erred in Holding Suit Abated When Legal Representatives Were Already on Record. The Court set aside the rejection of IA No.9 and directed restoration of IA No.7 for fresh consideration.

The petitioner, M/s J.C.Gupta & Sons, a registered firm, was the plaintiff in a civil suit for partition and separate possession of plaint schedule pr...

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Bombay High Court Quashes Scrutiny Committee Order Invalidating ST Certificate for Lack of Affinity Test. Caste Claim as 'Thakur' (ST) Upheld as Contemporaneous Documentary Evidence Outweighs Affinity Test Under Maharashtra Act XXIII of 2001.

The petitioner, Monika Sunil Shinde, a 19-year-old resident of Ahmednagar, filed a writ petition under Article 226 of the Constitution of India challe...

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Bombay High Court Dismisses Election Petitions for Non-Disclosure of Cause of Action Under Order VII Rule 11 CPC. Petitions Challenging Lok Sabha Elections Failed to Plead Material Facts Constituting Corrupt Practices as Required Under Section 83 of the Representation of the People Act, 1951.

The judgment pertains to four applications filed by returned candidates in election petitions challenging their election to the Lok Sabha from various...