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Bombay High Court Partially Dismisses Petition Challenging Rejection of Amendment in Partition Suit — Amendment Sought After Commencement of Trial Disallowed as It Would Change Nature of Suit Under Order VI Rule 17 CPC

The petitioner, Raju Danchand Bardia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 13th October 202...

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Bombay High Court Upholds Acquittal of Husband in Dowry Harassment and Abetment to Suicide Case — Lack of Evidence of Cruelty or Abetment. Allegations of harassment not proven beyond reasonable doubt; deceased's suicide not directly linked to accused's conduct under Sections 498A and 306 IPC.

The State of Maharashtra appealed against the acquittal of the respondent-accused Subhash Laxmanrao Chikare by the Adhoc Additional Sessions Judge 2, ...

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Bombay High Court Upholds Conviction of Mother for Murder of Daughters by Poisoning. Circumstantial Evidence Including Last Seen, Motive, and Recovery of Poison Bottle Sufficient to Sustain Conviction Under Section 302 IPC.

The appellant, Ujwala Bhujade, was convicted by the Adhoc Additional Sessions Judge, Aurangabad, for the murder of her two daughters, Dipali and Swati...

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Bombay High Court Dismisses Father's Appeal, Upholds Grandfather's Custody of Minor in Guardianship Dispute — Father's Neglect and Criminal Charges Justify Appointment of Grandfather as Guardian Under Sections 7 and 17 of the Guardians and Wards Act, 1890.

The case involves a first appeal filed by Sunil Gulabrao Satav (appellant) against an order of the Principal District Judge, Ahmednagar, in Misc.C.A.N...

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Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...

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Bombay High Court Dismisses Landlord's Petition Challenging Tenant's Purchase Rights Under Bombay Tenancy Act — Landlord's Failure to Cultivate Land Within One Year of Purchase Triggers Tenant's Right to Purchase Under Section 84 of Bombay Tenancy and Agricultural Lands Act, 1948.

The case involves a dispute under the Bombay Tenancy and Agricultural Lands Act, 1948, regarding agricultural land in Survey No. 341, admeasuring 15 a...

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Bombay High Court Allows Writ Petition, Restores Eviction Decree in Sub-Lease Dispute for Breach of Covenant. Failure to pay municipal taxes and insurance premium constituted breach of condition under Section 111(g) of Transfer of Property Act, 1882, justifying forfeiture and eviction.

The petitioner, as lessor, had granted a sub-lease of land and buildings to the first respondent for 98 years. The sub-lease deed contained covenants ...

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Bombay High Court Dismisses Application for Appointment of Receiver in Family Property Dispute. Plaintiff Fails to Establish Prima Facie Case for Receiver When Property is in Possession of Defendants and Alternative Remedy of Partition is Available.

The plaintiff, Jayanand Jayant Salgaonkar, filed a suit for partition and accounts against his family members, including his mother, brothers, sisters...

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Bombay High Court Dismisses Testamentary Petition for Probate Due to Lack of Jurisdiction and Non-Prosecution. The court held that the petitioner failed to establish the deceased's domicile in Maharashtra and did not pursue the petition diligently, resulting in dismissal.

The case involves a testamentary petition filed by Arnold Samson of Sweden, claiming to be the only son and sole heir of the deceased, seeking probate...