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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction for Rape of 8-Year-Old Set Aside as Medical Evidence Did Not Support Penetration and Witness Testimony Contained Material Contradictions.

The appellant, Balaji Malhari Devkate, was convicted by the Additional Sessions Judge, Bhokar, District Nanded for the rape of an 8-year-old girl unde...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Failure to Prove Penetration. Conviction under Section 376(2)(i) IPC and Sections 4 and 6 of POCSO Act Set Aside as Medical Evidence Did Not Support Rape Allegation and Prosecution Witnesses Contradicted Each Other.

The appellant, Balaji Malhari Devkate, was convicted by the Additional Sessions Judge, Bhokar, District Nanded, for the offence of rape under Section ...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Temporary Injunction in MOFA Conveyance Suit. Concurrent findings of trial court and appellate court that plaintiff failed to establish prima facie case for injunction upheld.

The petitioner, Sita Vihar Co-operative Housing Society Ltd., filed a writ petition challenging the concurrent rejection of its application for tempor...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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Bombay High Court Partially Sets Aside Arbitral Award in Dealership Dispute Over Supply of Spurious Bearings and Non-Delivery. Court Upholds Termination for Breach of Implied Warranty of Genuineness but Remits Damages for Non-Delivery for Reconsideration.

The judgment concerns cross arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award arisin...

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Supreme Court Dismisses Appeal in Partition Suit for Clubbing Properties in Different Jurisdictions. Section 17 CPC Does Not Permit a Single Suit for Separate Immovable Properties Situated in Different States.

The appeal arose from a civil suit filed by the appellant (plaintiff) seeking declaration that two properties—one in Indore, Madhya Pradesh, and ano...

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Bombay High Court at Goa Allows Appeal Against Rejection of Plaint in Suit for Declaration and Injunction. Court holds that the trial court erred in rejecting the plaint under Order 7 Rule 11(d) CPC without considering the plaintiffs' claim of possession and the pending amendment application.

The appellants, plaintiffs in Special Civil Suit No. 220/1993/A, filed a suit for declaration and injunction in 1993, claiming ownership and possessio...