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Bombay High Court Dismisses Wife's Appeal in Parsi Matrimonial Suit — Upholds Decree of Restitution of Conjugal Rights. Wife's Allegations of Cruelty and Adultery Not Proved; Husband's Petition for Restitution Allowed Under Section 36 of Parsi Marriage and Divorce Act, 1936.

The case involves a matrimonial dispute between a Parsi couple, Mrs. Shireen Kersi Dubash (appellant/wife) and Mr. Kersi Jai Dubash (respondent/husban...

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Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

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Bombay High Court Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion, Upholds Family Court's Refusal to Grant Divorce. Filing of False Criminal Complaint by Wife Does Not Automatically Constitute Cruelty for Divorce Under Hindu Marriage Act, 1955.

The appellant husband, Dr. Santosh Shetty, filed a Family Court Appeal challenging the judgment and decree dated 25.11.2013 passed by the Family Court...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Concurrent Findings of Fact in Agricultural Tenancy Dispute. Petitioner failed to establish tenancy rights as adopted son of deceased tenant due to lack of credible evidence and introduction of new pleas at belated stage.

The petitioner, Premanand Naik, filed a writ petition under Article 227 of the Constitution of India challenging the orders of the Appellate Authority...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Rejection of Plaint and Decree on Counterclaim. Court holds that rejection of plaint under Order VII Rule 11 CPC does not require notice to plaintiff and that counterclaim can be decreed ex parte if plaintiff fails to appear.

The appellants, Smt. Vijaya Wd/o Vijay Vitthalani and her minor children, filed a suit for specific performance of contract and injunction against the...

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Bombay High Court Dismisses Petition of Ex-Judicial Officer Challenging Dismissal for Misconduct. Departmental inquiry found to be fair and charges proved, upholding dismissal under Rule 5 of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.

The petitioner, a former judicial officer, challenged his dismissal from service by an order dated 31 October 2006 passed by the Joint Secretary in th...

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Bombay High Court Dismisses Appeal Seeking Appointment of Court Receiver and Interim Compensation in Property Dispute. Court holds that mere filing of affidavits does not establish grave urgency warranting appointment of receiver or direction for deposit of interim compensation at an interim stage.

The appellant, Ramesh Sippy, filed a suit in the Bombay High Court seeking possession of Flat No.5/B in Shree Vijayaa Bhavan, Mumbai, claiming ownersh...

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Bombay High Court Upholds Life Conviction for Murder Over Boundary Dispute — Appellant Convicted Under Section 302 IPC for Shooting Deceased During Construction of Compound Wall. The court affirmed that the dying declaration and recovery of weapon established guilt beyond reasonable doubt.

The appellant, Sadanand Shivaji Kadam, a former police inspector aged 86, was convicted by the VII Additional Sessions Judge, Pune, for the murder of ...