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Bombay High Court Acquits Appellants in Murder Case Due to Unlawful Assembly and Common Objection Not Proved Beyond Reasonable Doubt. Conviction under Section 302 read with Section 149 IPC set aside as prosecution failed to establish that the appellants shared the common object to commit murder.

The appellants were convicted by the Special Judge & Additional Sessions Judge, Nagpur, in Special Case No. 19 of 2004 for the offence punishable unde...

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Bombay High Court Allows Appeal in Property Dispute Case — Court Receiver Appointed to Protect Suit Premises Pending Trial. Dispute Involves Alleged Illegal Dispossession of Widow and Minor Son from Residential Flat and Office Premises by In-Laws.

The appeal arises from a suit filed by Khushnuma Ibrahim Khan and her minor son Raghib Ibrahim Khan (appellants) against Asadullah Khan and others (re...

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Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Construction on Municipal Land. The court held that the petitioner had no legal right to the land and the demolition order was valid under the Mumbai Municipal Corporation Act, 1888.

The petitioner, Manish Estates Pvt. Ltd., filed a writ petition challenging the demolition order dated 6th October 2010 passed by the Deputy Chief Eng...

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Bombay High Court Allows Section 11 Application for Appointment of Sole Arbitrator in Loan Dispute. Court Appoints Sole Arbitrator Under Section 11 of the Arbitration and Conciliation Act, 1996 Due to Respondent's Failure to Appoint Arbitrator.

The applicant, Mangal Credit and Fincorp Limited, a public limited company incorporated under the Companies Act, 1956, filed an application under Sect...

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Bombay High Court Allows Second Appeal in Property Dispute — Reverses Appellate Court's Perverse Findings. The Court held that the Appellate Court failed to consider the registered sale deed and revenue entries, leading to a perverse finding that warranted interference under Section 100 CPC.

The original plaintiff, Parmanand Gopalrao Kesari (since deceased, represented by legal representatives), filed a suit for declaration of ownership an...

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Bombay High Court Acquits Accused in Murder and Cruelty Case Due to Lack of Evidence. Conviction under Sections 302 and 498A IPC for murder and dowry harassment reversed as prosecution failed to prove guilt beyond reasonable doubt.

The appellants, Smt. Bhagirathi Jyotiram Kale, Smt. Laxmibai Jyotiram Kale, and Parameshwar Jyotiram Kale, were convicted by the trial court under Sec...

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Bombay High Court Dismisses Quashing Petitions in FERA Prosecution — Exoneration in Adjudication Not a Bar to Criminal Proceedings. Adjudication and criminal prosecution under FERA are independent proceedings with different standards of proof and objectives.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of orders passed by ...

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Bombay High Court Allows Complainant's Appeals Against Acquittal in Cheque Dishonour Case — Blank Cheques Signed by Accused Deemed Valid Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Under Section 139 Applies Even to Blank Cheques, Accused Failed to Rebut.

The case involves three appeals filed by the complainant, Laxmikant D. Naik Karmali, against the acquittal of the accused, Santosh V. Naik, under Sect...