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Bombay High Court Grants Interim Injunction in Share Dispute Alleging Fraudulent Transfer. Plaintiff's claim for half share in father's estate upheld pending trial due to prima facie evidence of fraudulent share transfer under Companies Act.

The plaintiff, Prabodh Jamnadas Kothari, filed a suit seeking declaration of the estate of his deceased father and his 1/2 share therein, particularly...

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Bombay High Court Allows Appeal in Property Dispute — Consent Terms Not Binding on Applicants Under Order 21 Rule 99 CPC. Court holds that applicants who were not parties to consent terms are entitled to restoration of possession or alternative accommodation.

The case involves an appeal filed by the plaintiffs (appellants) against an order of a learned single Judge in a Chamber Summons taken out by Responde...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Agreement to Sell Despite Non-Payment of Balance Consideration. Court Holds That Time Was Not of Essence in Absence of Express Stipulation and That Possession Delivered Under Agreement Constitutes Part Performance.

The dispute arose out of an agreement to sell dated 1st June 1978 executed by the original defendant No.2 (since deceased, represented by appellants) ...

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Bombay High Court Allows Writ Petition Challenging Appellate Order in Tenancy Dispute — Sub Divisional Officer's Order Set Aside as Without Jurisdiction and Perverse. Adoption Claim Not Proved, Sale Deed Upheld.

The petitioner, claiming to be the adopted son of Dhansingrao, filed a suit in 1972 seeking a declaration that a sale deed executed by his adoptive fa...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Inconsistent Testimonies. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Salim Kadar Inamdar, was convicted by the learned Additional Sessions Judge, Pune, for the offence punishable under Section 302 of the ...

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Bombay High Court Upholds Life Imprisonment for Murder Based on Circumstantial Evidence and Motive of Illicit Relationship. Conviction under Section 302 read with Section 34 IPC sustained as chain of circumstances including last seen, recovery of weapon, and motive was complete.

The appeal is directed against the judgment and order dated 3rd February, 2009 passed by the learned Additional Sessions Judge, Mumbai in Sessions Cas...

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Bombay High Court Dismisses Insurance Company's Challenge to Property Tax Assessment on Leased Premises. Held that the liability to pay property tax under the Mumbai Municipal Corporation Act, 1888 is on the occupier, and the insurance company as lessee is liable to pay taxes directly to the corporation.

The petitioner, The Oriental Insurance Company Ltd., a Government company under Section 617 of the Companies Act, 1956, filed a writ petition challeng...