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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings That Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of House Property Not Enforceable as Plaintiff Did Not Show Financial Capacity to Pay Balance Consideration.

The appellant (original plaintiff) filed a suit for specific performance of an agreement to sell a house property executed by defendant no.1 as Karta ...

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Bombay High Court Upholds Conviction of Appellants for Murder in Unlawful Assembly Case — Life Imprisonment Maintained Under Section 302 read with 149 IPC. Common Object of Assault Proved Despite Acquittal for Robbery Under Section 396 IPC.

The case pertains to a criminal appeal filed by Dhondiram Balu Dhotre, Satish Vithal Dhotre, Ashok Balu Dhotre, and Vitthal Balu Dhotre (original accu...

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Bombay High Court Dismisses Application to Revoke Leave Granted Under Clause XII of Letters Patent Act, 1866 in Commercial Suit for Loan Recovery. Execution of Assignment Deed in Mumbai Constitutes Part of Cause of Action, Sufficient to Maintain Suit.

The Plaintiff, PIL Industries Limited, a company registered in Mumbai, filed a suit against Deccan Chronicle Holdings Ltd. (Defendant No.1) and others...

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit for Unauthorized Subletting. Concurrent findings of fact that tenant sublet premises without landlord's consent under Section 15 of Maharashtra Rent Control Act, 1999, upheld.

The Khadi and Village Industries Commission (KVIC), a statutory body, was a monthly tenant of a godown premises in Mumbai owned by the respondents (la...

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Bombay High Court Upholds Conviction of Appellant for Murder and Dacoity Based on Injured Eyewitness Testimony. Testimony of Injured Witness Held Sufficient for Conviction Under Sections 395, 396, 302, 397 IPC.

The appellant, Ajaykumar Sunilkumar Sharma, was convicted by the 11th Adhoc Addl. Sessions Judge, Dewree, Greater Bombay, in Sessions Case No.690 of 2...

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Bombay High Court Allows Appeal by Non-Party Neighbour in Balcony Construction Dispute — Leave Granted as Aggrieved Person Under Order 43 Rule 1A CPC. The court held that a non-party can appeal if aggrieved and applies for leave, relying on Province of Bombay v. Western India Automobile Association.

The case involves an appeal filed by Kiran Ramesh Kothari, a neighbour of the plaintiff in a suit, against an order protecting a balcony construction....

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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...