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Bombay High Court Dismisses Impleadment Application in Property Suit — Plaintiffs Fail to Establish Prima Facie Title or Possession. Order 1 Rule 10 CPC requires direct legal interest; vague claims of possession without documentary evidence insufficient for impleadment.

The judgment pertains to a Notice of Motion filed by the plaintiffs in a suit seeking a declaration of ownership and possession of a property. The pla...

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Special Court Accepts 'B' Summary Report in Securities Fraud Case — Mistake of Fact Found. Complaint under Sections 406, 409, 420 IPC against accused for alleged misappropriation of mutual fund investments closed as investigation revealed no criminal intent.

The case was initiated on a complaint by Sudhir Manjrekar, the constituted attorney of Canbank Mutual Fund, against Shrenik K. Jhaveri alleging offenc...

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Bombay High Court Upholds Conviction of Husband for Murder of Wife by Strangulation. Circumstantial Evidence Including Motive, Last Seen, and Medical Evidence Sufficient to Prove Guilt Under Section 302 IPC.

The appellant, Surendra Gyanchand Chawla, was convicted under Section 302 IPC for the murder of his wife Seema by strangulation and sentenced to life ...

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Bombay High Court Dismisses Petition Challenging Abatement of Suit for Easement of Necessity. Failure to Bring Legal Representatives of Deceased Plaintiff Within Limitation Leads to Abatement of Entire Suit Under Order 22 Rule 3 CPC.

The petitioners, original plaintiffs 1 to 4 and 6, along with Banubai Hariba Mohite (original plaintiff no.5), filed Regular Civil Suit No.278 of 1981...

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Bombay High Court Dismisses Contempt Notice Against Court Receiver in Specific Performance Suit — No Willful Disobedience Established. Filing of Clarification Application by Receiver Held Not Contemptuous Under Contempt of Courts Act, 1971.

The Plaintiff, M/s. Sagar Construction Company, filed a suit for specific performance of an agreement for sale dated 16th October 1985 concerning prop...

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Bombay High Court Dismisses Contractor/Developer's Challenge to Majority Arbitral Award in Construction Dispute. Court upholds award of Rs.7,35,000, Rs.10,80,000, interest, and costs under Section 34 of the Arbitration and Conciliation Act, 1996, finding no patent illegality or conflict with public policy.

The petitioner, M/s. Raviuday Construction Co., a partnership firm, challenged a majority arbitral award dated 15 May 2012 passed by a three-member ar...

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Bombay High Court Dismisses Admiralty Suit for Lack of Jurisdiction in Collision Case — Cause of Action in Goa, Not Bombay. Vessel Registration Alone Does Not Confer Jurisdiction Under Section 6 CPC and Letters Patent.

The plaintiffs, V.M. Salgaocar & Bros. Ltd., filed an admiralty suit in the Bombay High Court claiming damages of Rs.13,33,70,000/- with interest for ...

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Bombay High Court Allows Writ Petition Challenging MHADA's Refusal to Register Proposed Cooperative Housing Society Under Section 22 of MHADA Act, 1976 — Held That a Proposed Society Is Entitled to Seek Registration and the Authority Cannot Refuse on Grounds of Non-Completion of Construction.

The petitioners, Bhartiya Vidya Bhavan (Bavla Compound) Co-op. Housing Society (proposed) and its promoters, along with Darshan Developers, filed a wr...