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Bombay High Court Allows Recall of Witness in Civil Suit for Cross-Examination on Newly Discovered Documents — Order 18 Rule 17 CPC. Petitioner/Defendant Granted Opportunity to Cross-Examine Plaintiff's Witness on Documents Discovered After Examination.

The petitioner, defendant no. 2 in Regular Civil Suit No. 66 of 2009, challenged the order of the Joint Civil Judge, Junior Division, Kadegaon, reject...

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Bombay High Court Acquits 43 Accused in Murder Case Due to Unlawful Assembly and Common Objection Not Proved Beyond Reasonable Doubt. Conviction under Sections 302, 307, 147, 148, 149 IPC Set Aside as Evidence of Individual Acts Lacking.

The case involves multiple criminal appeals filed by 43 accused persons who were convicted by the trial court for offences including murder, attempt t...

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Bombay High Court at Goa Allows State Appeal Against Acquittal in Theft and Public Property Damage Case — Defective Investigation Cannot Be Sole Ground for Acquittal. Trial Court Must Appreciate Evidence Dehors Investigation Defects to Determine if Case is Made Out Against Accused.

The State of Goa appealed against the acquittal of Dadasaheb Rane, a market inspector of Bicholim Municipal Council (BMC), who was charged with theft ...

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Bombay High Court at Goa Acquits Accused in NDPS Case for Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Search and Seizure of Charas from Hotel Room Vitiated as Mandatory Procedural Safeguards Not Followed.

The appellant, Dhansur Ghartimagar, was convicted by the Special Judge under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Ac...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Service Tax Reimbursement Dispute. Contractual interpretation of service tax liability under security services contract upheld by arbitrator.

The petitioner, Bombay Intelligence Security (India) Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challengin...

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Bombay High Court Grants Probate of Will Dated 1977 Despite Limitation and Forgery Challenges. Executor Succeeds in Proving Due Execution and Testamentary Capacity of Testator Who Died in 1979.

The plaintiff, Suresh Manilal Mehta, filed a petition for probate of a Will dated 16th March 1977 allegedly executed by Rameshchandra Jamnadas Dalal (...

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High Court Quashes Criminal Proceedings Against Accused No.2 in Cheating and Forgery Case Due to Lack of Specific Allegations. Petitioner's Liability Under Sections 420, 465, 467, 468, 471, 474 IPC Read with Section 34 IPC Not Established as Complaint Failed to Attribute Any Overt Act or Criminal Intent.

The petitioner, Rajesh Yallappa Totaganti, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The case involves two appeals against conviction for murder, robbery, and causing disappearance of evidence. The deceased, Madan Phatak, went missing ...