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Bombay High Court Upholds Conviction Under Section 304-II IPC for Culpable Homicide in Fatal Assault Over Theft of Oranges. Sentence of Accused No.1 Reduced from 10 Years to 7 Years Considering Lack of Premeditation.

The case arises from an incident on 30.10.1995 when the deceased Suhas, along with a 10-year-old boy Sanjay, was returning home on a bicycle. Near the...

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Bombay High Court Dismisses Petition Challenging Permission to File Written Statement Beyond Limitation in Specific Performance Suit. Order VIII Rule 1 CPC Held Directory; Legal Representatives of Deceased Defendant Allowed to File Written Statement as No Prejudice Caused to Plaintiff.

The petitioner, Subhash Dhanraj Sankla, filed a suit for specific performance of an agreement to sell a property owned by Rhoda Phiroze Noble. The ori...

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Bombay High Court Dismisses Appeal in Property Dispute Against Municipal Corporation — Suit Barred by Limitation and Res Judicata. Claim for Declaration of Ownership and Injunction Fails as Plaintiff Failed to Prove Title and Suit Was Filed Beyond Limitation Period Under Limitation Act, 1963.

The appeal arises from a suit filed in 1979 by the original plaintiff, Motilal Mahadev Sharma, against the Municipal Corporation of Greater Bombay see...

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Bombay High Court Upholds Revenue in Income Tax Reference on HUF Income Assessment. Income from assets received on partition by a bachelor remains individual income even after marriage, as no HUF is created without blending.

The case involves a reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal at the instance of the assessee, ...

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

The appellant, Ashok Bhaguji Khadke, was convicted by the trial court under Section 302 IPC for the murder of Smt. Damyanti Kudale and under Section 1...

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Bombay High Court Dismisses Writ Petitions Challenging Impleadment of Co-owners in Suit for Possession. Order 1 Rule 10 CPC Allows Addition of Parties with Direct Interest in Subject Matter to Avoid Multiplicity of Suits.

The petitioners, Sitaram Deorao Pawar and Totaram Deorao Pawar, filed two separate writ petitions challenging an order dated 6/11/2003 passed by the J...

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Bombay High Court Quashes FIR in SC/ST Atrocities Case for Lack of Ingredients of Offence Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989. Alleged Insult Not in Public View and Not Intentionally Humiliating Based on Caste.

The petitioners, Pradnya Pradeep Kenkare (Head Mistress) and Kiran Vishnu Kamat (Hon. Secretary of the school), filed a Criminal Writ Petition under A...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Specific Performance Suit Based on Oral Agreement for Sale. Agreement to Sell Need Not Be in Writing If Followed by Part Performance Under Section 53A of Transfer of Property Act, 1882.

The present appeal arises from an order dated 6/11/2004 passed by the Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No. 201/2004, g...