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NOTICE OF MOTION NO.955 OF 2018

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration and Incomplete Circumstantial Evidence. Conviction under Sections 302 and 309 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Hariomdas Govinddas Bainade, was convicted by the learned Additional Sessions Judge, Aurangabad, for offences punishable under Sections...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Evidence and Unreliable Witnesses. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Hariomdas Govinddas Bainade, was convicted by the learned Additional Sessions Judge, Aurangabad, for offences punishable under Sections...

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Bombay High Court Dismisses Petition for Revocation of Probate Due to Inordinate Delay and Lack of Grounds. Petitioners failed to establish any ground for revocation under Section 263 of the Indian Succession Act, 1925, as they were aware of the probate for over 30 years.

The petitioners, who are heirs of the deceased Andrew Satiro D'Cunha, filed a petition under Section 263 of the Indian Succession Act, 1925, seeking r...

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Bombay High Court Finds Prosecution Failed to Establish Motive in Appeal Against Conviction Under Section 302 IPC. Circumstantial Evidence Incomplete; Court Stresses Need for Chain Excluding Innocence and Proper Opportunity Under Section 313 Cr.P.C.

The criminal appeal arose from a conviction for patricide. The appellant, Surdas Balkrishna Kirgat, was tried and convicted by the Principal Sessions ...

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Bombay High Court Allows Second Appeal in Partition Suit, Upholds Prior Partition Based on Unequal Division and Subsequent Conduct. Court holds that unequal partition does not invalidate severance of joint status and that subsequent alienations of individual shares indicate acceptance of prior partition.

The case involves a Second Appeal filed by the original defendants against a decree for partition and separate possession granted by the First Appella...

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Bombay High Court Allows Writ Petition Seeking Medical Reimbursement for Employee's Mother — Denial of Reimbursement for Emergency Treatment at Non-Empanelled Hospital Held Unreasonable. Court Directs Reimbursement at CGHS Rates for Treatment of Dependent Mother at Hospital Recognised Under CGHS.

The petitioner, Shri Parshuram Shankar Motiwale, a Senior Clerk (now Assistant Superintendent) in the District Court, Solapur, filed a writ petition u...

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Madras High Court Sets Aside Central Administrative Tribunal Order Granting Family Pension to Step-Son Under Railway Services (Pension) Rules, 1993. Step-Son Held Not Included in Definition of 'Family' Under Rule 75, and Gratuity Settlement Under Rule 70 Does Not Confer Entitlement to Family Pension.

The dispute pertained to the claim of family pension by a step-son of a deceased railway employee under the Railway Services (Pension) Rules, 1993. La...

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Madras High Court Adjudicates Second Appeals on Land Title and Injunction Disputes Involving Interpretation of Tamil Nadu Court Fees Act and Revenue Records. Substantial Questions of Law Frame Issues on Right to Declaration Without Correlated Revenue Records and Identity of Predecessor-in-Title.

The Madras High Court heard two second appeals arising from suits concerning title and possession of agricultural lands in Survey Nos. 1241/1 and 1241...