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Bombay High Court Sets Aside Order Striking Off Defence in Easement Suit — Inquiry Required Before Penalty Under Order XXXIX Rule 2A CPC. The court held that striking off defence is a harsh order and can only be passed after an inquiry establishing wilful disobedience of an injunction order.

The appellants, original defendants in a suit for easementary rights, challenged an order of the Civil Judge, Senior Division, Quepem dated 16.9.2020,...

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Supreme Court Sets Aside High Court's Quashing of FIR in Corruption Case Due to Incorrect Legal Test. Investigation Must Proceed as FIR Discloses Cognizable Offence Based on Suspicion Under Prevention of Corruption Act, 1988 and Indian Penal Code, 1860.

The dispute arose from a complaint lodged by Uchit Sharma against Aman Singh, a former Principal Secretary to the Chief Minister of Chhattisgarh, and ...

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Supreme Court Allows Mother to Take Child to Singapore in Custody Dispute — Welfare of Child Paramount. Mother's Relocation for Employment Does Not Justify Restriction on Child's Travel; Family Court Retains Jurisdiction with Undertakings.

The appellant, Mrs. Ritika Sharan, and the respondent, Mr. Sujoy Ghosh, were married on 4 February 2009 and have a son, Sattik, born on 9 May 2013. Du...

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Bombay High Court Allows Quashing of Criminal Proceedings in Matrimonial Dispute Following Settlement. Court holds that non-compoundable offences under Sections 498-A, 323, 504, 506 IPC can be quashed under Section 482 CrPC when parties have amicably settled and wife has no objection.

The applicants, Muniroddin S/o. Mainoddin Shaikh, Shaikh Mainoddin S/o. Shaikh Jamaloddin, and Sharifabi W/o. Mainoddin Shaikh, filed a criminal appli...

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Bombay High Court Allows Writ Petition Challenging Stamp Duty Reassessment Order for Lack of Proper Notice and Violation of Natural Justice. Petitioner's Property Valuation Dispute Remanded for Fresh Adjudication After Finding That Show-Cause Notice Was Not Served and Opportunity of Hearing Was Denied.

The petitioner, Armstrong Machine Builders Private Limited, filed a writ petition under Article 226 of the Constitution of India before the Bombay Hig...

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Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

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Bombay High Court Upholds Cooperative Court's Order Terminating Lease for Violation of Bye-laws in Cooperative Housing Society Dispute. Leasehold rights terminated due to unauthorized construction and sub-letting without society's consent; purchasers' rights held subject to society's bye-laws.

The dispute pertains to leasehold rights over a plot in Vithalnagar Co-operative Housing Society Ltd. The society granted a lease of the plot to membe...