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Bombay High Court Quashes Criminal Proceedings Against College Principal and Employees in SC/ST Act Case Due to Lack of Prima Facie Evidence and Malicious Prosecution. Allegations of Caste-Based Humiliation Found Baseless After Police Inquiry, Leading to Quashing Under Section 482 CrPC.

The applicants, including the Principal and employees of Dr. Arun Motghare College, sought quashing of criminal proceedings initiated by the responden...

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Supreme Court Sets Aside Bail Granted by Calcutta High Court in Jnaneshwari Express Derailment Case — CBI Investigation Undermined by Premature Release. Reverse Burden of Proof Under Section 436A CrPC Not Applicable Where Investigation Ongoing and Trial Not Commenced.

The Supreme Court heard appeals by the Central Bureau of Investigation (CBI) against the grant of bail to multiple accused persons in connection with ...

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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

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Bombay High Court Dismisses Judgment Debtor's Writ Petition Challenging Execution of Possession Decree in Landlord-Tenant Dispute. Repeated objections to execution of decree for possession of two rooms rejected as abuse of process under Order 21 Rule 35 of Code of Civil Procedure, 1908.

The petitioner, Warna Valley Sahkari Kharedi Vikri Society Limited, was the tenant of the respondents in a suit property. The respondents filed Regula...

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High Court of Karnataka Quashes Stay of Execution Proceedings in Possession Suit — Order 21 Rule 29 CPC Cannot Be Invoked After Decree Is Passed. Execution Court Erred in Staying Execution Based on Subsequent Suit Filed by Judgment Debtor After Decree.

The petitioners (decree holders) obtained a decree for possession in O.S. No. 79/2003 (originally O.S. No. 3/1971) against the respondent (judgment de...

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Gujarat High Court Allows Petition for Restoration of Electricity Connection to Agricultural Land Owner Under Electricity Act, 2003. Prima Facie Title and Possession Sufficient for Electricity Connection, Not Registered Sale Deed.

The petitioner, Manojbhai Kanjibhai Rupareliya, filed a Special Civil Application under Article 226 of the Constitution of India, seeking a writ of ma...

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Gujarat High Court Dismisses Petition Challenging Rejection of Amendment Application in Civil Suit — Petitioner Failed to Show Due Diligence in Seeking Impleadment After 14 Years.

The petitioner, original plaintiff in Special Civil Suit No. 47 of 2010 pending before the 4th Senior Civil Court, Porbandar, filed a writ petition un...

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Gujarat High Court Allows Amendment of Plaint in Specific Performance Suit — Impleadment of Government Officers Permitted. Pre-Trial Amendment Liberally Allowed to Avoid Multiplicity of Litigation Under Order 1 Rule 10 and Order 6 Rule 17 CPC.

The present petition was filed under Article 227 of the Constitution of India by the petitioners, who are the original plaintiffs in Special Civil Sui...

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Bombay High Court Allows Appeal in Attachment Before Judgment Case — Defendants Failed to Disclose Assets and Intended to Defeat Creditors. Order 38 Rule 5 CPC Attachment Granted as Plaintiffs Made Out a Prima Facie Case of Intent to Obstruct Execution.

The appellants, original plaintiffs in Special Civil Suit No. 1437 of 2013, filed an appeal against the order of the Extra Joint Civil Judge Senior Di...