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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Dishonour of Cheque for Rs.35,000/- on Ground of 'Account Closed' Attracts Section 138 NI Act; Accused's Defence of Loan Repayment Not Proved.

The appellant, Vithal @ Vithoba Gorakh Shinde, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (...

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Bombay High Court Dismisses State Appeal Against Acquittal in Grievous Hurt Case Due to Unreliable Medical Evidence. Axe Assault Allegation Fails as Doctor's Opinion on Grievousness Was Not Based on Objective Criteria Under Section 320 IPC.

The State of Maharashtra appealed against the acquittal of the respondent-accused, Iqbal s/o Karim Ansari, by the 4th Judicial Magistrate, First Class...

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Bombay High Court Upholds Conviction of Nigerian National in NDPS Case — 13-Year Rigorous Imprisonment Affirmed. Conscious possession of 2.5 kg heroin in checked-in baggage established; presumption under Section 35 NDPS Act not rebutted.

The appellant, Okacha Mike, a Nigerian national aged 68 years, was convicted by the Special Judge under the NDPS Act for offences punishable under Sec...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine Due to Lack of Evidence of Execution.

The appellants, original plaintiffs, filed a suit for specific performance of an agreement to sell dated 15th June 1981, allegedly executed by the res...

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Bombay High Court Dismisses Plaintiff's Suit for Recovery of Price of Imported Oil Due to Lack of Privity of Contract. Plaintiff failed to establish that defendant canalising agency was liable for oil delivered to third parties under government allocation scheme.

The plaintiff, The Malwa Vanspati and Chemicals Co. Ltd., filed a suit against the defendant, The State Trading Corporation of India Ltd., for recover...

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Bombay High Court Orders Restoration of Possession Under Section 6 of Specific Relief Act for Forcible Dispossession. Plaintiff Proved Prior Possession and Forcible Ouster by Defendant with Armed Men, Entitling Him to Summary Remedy Without Proof of Title.

The plaintiff, Om Nath Chudamani Sharma, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of possession of Flat No. ...

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Bombay High Court Allows Refund of Octroi on Computer Software in Classification Dispute. Software Held to Be Separate Goods from Hardware Under Bombay Municipal Corporation Act, 1988 and Octroi Rules.

The petitioner, Tata Information Systems Ltd. (now IBM Global Services India Private Limited), was engaged in the manufacture, import, sale, and marke...

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Bombay High Court Dismisses Company's Challenge to SAFEMA Forfeiture Order for Property Linked to Narcotics Trafficking. Burden of Proof Under Section 7 SAFEMA Not Discharged by Claimant.

The petitioner, Imperial Exim (India) Pvt. Ltd., challenged an order dated 31 March 2011 passed by the Appellate Tribunal for Forfeited Property, New ...