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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 Allows Writ Petition Restraining Invocation of Bank Guarantee in Contract Dispute — Payment of Minimum Wages Held Sufficient Under Clause 31.01 of Contract Conditions, Not Higher Rates Under National Coal Wage Agreement.

The petitioners, M/s. PLR Projects Pvt. Ltd. and its Managing Director, filed a writ petition challenging the invocation of two bank guarantees dated ...

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High Court of Bombay Allows Second Appeal in Encroachment Suit — Remands for Fresh Consideration of Title and Measurement. Courts below failed to consider defendant's ownership claim and necessity of proper measurement to determine encroachment.

The case involves a second appeal arising from a suit for recovery of possession of encroached land. The plaintiffs (respondents) claimed that the def...

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Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Lack of Proximity and Non-Application of Mind. Detention orders set aside as the detenus were not directly involved in smuggling and the detaining authority failed to consider less drastic alternatives.

The Bombay High Court, by a judgment dated 24 January 2014, allowed two criminal writ petitions challenging preventive detention orders passed under S...

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Bombay High Court Dismisses Petition for Revocation of Probate Due to Inordinate Delay and Lack of Grounds. Petitioners failed to establish any ground for revocation under Section 263 of the Indian Succession Act, 1925, as they were aware of the probate for over 30 years.

The petitioners, who are heirs of the deceased Andrew Satiro D'Cunha, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking r...

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Bombay High Court Allows Appeal Against Return of Plaint in Suit for Damages by Non-Member Against Cooperative Society. Jurisdiction of Civil Court Not Barred Under Section 164 of Maharashtra Cooperative Societies Act, 1960 as Plaintiff Was Not a Member at Time of Contract.

The appellant, Cargill India Private Limited, filed a suit for damages of Rs. 2 crores against the respondent, Shri Adinath Sahakari Sakhar Karkhana L...

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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 Allows Appeal Against Acquittal in Cheque Dishonour Case Due to Improper Rejection of Secondary Evidence. Court holds that trial court erred in rejecting application to lead secondary evidence of cheque and dishonour memo when originals were lost, and remands case for fresh trial.

The appellant, Maharashtra State Seeds Corporation Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the re...