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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Preliminary Decree. Court holds that a suit for partition is not barred by limitation when the plaintiff is in joint possession and that a co-owner can alienate only his share, not the entire property.

The case involves a partition suit filed by the appellants (plaintiffs) seeking partition and separate possession of their share in the joint family p...

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Bombay High Court Acquits Accused in Rape Case Due to Inherent Improbability and False Implication — Conviction Under Section 376 IPC Set Aside on Grounds of Preponderance of Probabilities.

The appellant, Rajesh s/o Kewalramji Chute, was convicted by the Sessions Judge, Bhandara, for offences under Section 376 IPC (rape) and Section 506 I...

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High Court of Judicature at Bombay Reviews Death Sentence Reference in Gang Rape and Murder Case. Conviction Based on Circumstantial Evidence of Last Seen Together and Forcible Abduction from House of Victim's Uncle.

The matter arises from a reference made by the Additional Sessions Judge, Nagpur, under Section 366 of the Code of Criminal Procedure, 1973, for confi...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Sole Eyewitness Testimony. Conviction under Section 302 IPC set aside as evidence of PW-1 Maruti Koli was inconsistent and lacked corroboration.

The appellants, Yusuf Alamash Daryavardi (appellant No.1) and Arjun Bhima Jadhav (appellant No.2), were convicted by the Sessions Court, Sangli, for o...

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Bombay High Court Acquits Talathi in Corruption Case Due to Inconsistent Evidence and Lack of Proof of Demand. Conviction under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to establish demand and acceptance of bribe beyond reasonable doubt.

The appellant, Vikas Baburao Marathe, a Talathi (revenue officer), was convicted by the Special Judge, Jalgaon, for offences under Sections 7 and 13(1...

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NCLAT Dismisses Appeal Against Rejection of Section 7 Application for CIRP — Claimants Failed to Prove Debt and Default. The Tribunal held that the Appellants did not establish the existence of a financial debt or default, and the application was barred by limitation.

The present appeal was filed by Vistra ITCL (India) Limited, Pratiti Trading Private Limited, and Gajendra Investment Limited (Appellants) against the...

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Supreme Court Allows Decree-Holders' Appeals Against Executing Court's Interim Stay Order in Execution Proceedings. Held That Executing Court Cannot Stay Execution Beyond Order XXI Rule 29 CPC and Must Follow Procedure Under Order XXI Rule 37 CPC Before Arrest.

The case involves appeals by the decree-holders (appellants) against an interim order dated 29th June 2018 passed by the Principal Sub-Judge, Kottayam...