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Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

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Bombay High Court Protects Service of Teacher Pending Caste Scrutiny in Writ Petition. Petitioner entitled to protection of service based on Supreme Court and High Court judgments in similar matters.

The petitioner, Bilkis Sheikh Ibrahim, was appointed as an Assistant Teacher on 01.07.1983 in a school run by respondent no.3 (Nirala Education Societ...

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Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

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Bombay High Court Dismisses Petition Challenging MIDC Plot Allotments — No Arbitrariness Found in Allotment Process. Petitioner's claim for allotment based on alleged earmarking fails as no legal right established.

The petitioner, Vikrant Industries, a sole proprietorship, filed a writ petition under Articles 226, 14, and 19 of the Constitution of India challengi...

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Bombay High Court Allows Appeal in Property Dispute — Sets Aside Decree for Specific Performance. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Mrs. Kiran Nashine, filed two appeals against the judgment and decree dated 30.09.2009 passed by the Joint Civil Judge, Senior Division...

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High Court Acquits Accused in Corruption Case Due to Inconsistent Evidence and Lack of Proof of Demand. Allegation of Bribe Demand Fails as Prosecution Witnesses Contradict Each Other and Complainant's Testimony is Unreliable Under Prevention of Corruption Act, 1988.

The appellant, Laxman s/o Narayan Kale, a government servant working with Nagpur Improvement Trust, was convicted by the Special Judge for demanding a...

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Bombay High Court Acquits Husband in Dowry Death Case Due to Lack of Evidence of Abetment to Suicide. Conviction under Sections 498A and 306 IPC set aside as prosecution failed to prove cruelty or instigation leading to suicide.

The appellant, Mohd. Rafique, was convicted by the 2nd Additional Sessions Judge, Nagpur, for offences under Sections 498A and 306 of the Indian Penal...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Reasonable Belief and Change of Opinion. Reassessment Beyond Four Years Invalid Without Allegation of Failure to Disclose Material Facts.

The petitioner, Nivi Trading Limited, a private limited company, filed its return of income for Assessment Year 2010-11 on 15th September 2010 declari...

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Bombay High Court Quashes Allotment of Gairan Land to Sugar Factory in Public Interest Litigation — Grazing Land Cannot Be Diverted for Industrial Use Without Following Procedure Under Maharashtra Land Revenue Code, 1966.

The Bombay High Court disposed of a Public Interest Litigation (PIL) and a connected Writ Petition concerning the allotment of gairan (grazing) land t...