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Bombay High Court Allows Appeal Against Remand Order in Partition Suit — Trial Court Must Decide on Merits Without Remand. Failure to Frame Issues on Limitation and Relinquishment Does Not Justify Remand When Parties Have Already Led Evidence.

The present appeal arises from a judgment and order of remand passed by the learned Ad hoc District Judge-1, Jalgaon, in Regular Civil Appeal No.877 o...

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Bombay High Court Dismisses Appeal in Sale Deed Cancellation Suit — No Substantial Question of Law Arises. Concurrent findings of fact that sale deed was executed voluntarily and for consideration cannot be interfered with under Section 100 CPC.

The present second appeal was filed by the original plaintiffs (appellants) against the concurrent judgments of the trial court and the first appellat...

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Bombay High Court Dismisses Writ Petition Challenging Return of Appeal Memo for Lack of Pecuniary Jurisdiction. Forum of appeal determined by valuation in decree, not plaint valuation under Section 8 of Suits Valuation Act, 1887 and Section 6 of Bombay Civil Courts Act, 1869.

The petitioners, original plaintiffs, filed Regular Civil Suit No.1171 of 2006 seeking declaration that a gift deed dated 10/11/2005 executed by defen...

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Gujarat High Court Upholds Acquittal in Murder Case Due to Unreliable Witnesses and Lack of Motive. Conviction under Sections 302, 326, 323, 324, 114 IPC and Section 135 Gujarat Police Act set aside as prosecution failed to prove guilt beyond reasonable doubt.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 31.08...

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Supreme Court Allows Appeal in Motor Vehicles Act Case; Holds That Non-Furnishing of Information Does Not Lead to Summary Rejection of Permit Application. The Court Rules That Section 46 of the Motor Vehicles Act, 1939 Is Not Mandatory and Transport Authority Can Call for Additional Information.

The Supreme Court allowed an appeal by the Maharashtra State Road Transport Corporation, setting aside the judgment of the Bombay High Court and resto...

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Bombay High Court Allows Landlords' Revision in Eviction Suit Against Trespassers Claiming Tenancy Inheritance. Tenancy ceases on death of tenant; respondents not legal heirs under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The case involves a civil revision application filed by the landlords (petitioners) against the judgment and decree of the First Appellate Court in Ci...

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Bombay High Court Allows Letters Patent Appeal in Partition Suit Due to Non-Compliance with Order 41 Rule 31 CPC. Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination and Provide Reasons.

The case involves a Letters Patent Appeal arising from a judgment dated 2nd February 1988 passed in First Appeal No.4 of 1978 by a learned Single Judg...