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Bombay High Court Allows Revision Against Trial Court's Order Permitting Re-examination of Complainant's Witness in NI Act Case. Court holds that once a witness is discharged, recalling for further examination is impermissible without justifiable cause under Section 311 CrPC.

The applicant, Anil s/o Govindrao Chaudhari, challenged two orders passed by the Judicial Magistrate, First Class, Nagpur dated 14/9/2012 and 15/01/20...

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Bombay High Court Dismisses Writ Petition Challenging Bank's Possession Under SARFAESI Act — Alternative Remedy Before DRT Must Be Exhausted. Writ Petition Not Maintainable as SARFAESI Act Provides Complete Mechanism for Aggrieved Persons Under Section 17.

The petitioners, Dr. Anil Nandkishor Tibrewala and his wife, owned a flat in Mumbai. They had mortgaged the flat to Jammu and Kashmir Bank Ltd. (respo...

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Bombay High Court Dismisses Revision Against Trial Court's Order on Preliminary Issues in Property Suit Between Sisters. Court Holds That Valuation and Limitation Are Mixed Questions of Law and Fact Requiring Trial, Not Preliminary Determination.

The case involves a civil revision application filed by the original defendant, Smt. Archana Randaye, against an order of the trial court dated 3rd Ma...

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Bombay High Court Hears Appeal Challenging Conviction Under Prevention of Corruption Act for Alleged Bribe Demand. Appellant, a Clerk, Claims Amount Was Deposited for Small Savings, Not Bribe, in Case Involving Sections 7 and 13 of the Act.

The appeal arose from the conviction of the appellant, a Junior Clerk in the Tahsil Office, Jalna, by the Special Judge, Jalna in Special Case No. 35/...

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Upholding Autonomy Amidst Settlement Disputes Exploring Legal Principles and Precedents in Arbitration Law

This Judgment pertains to a legal discussion surrounding arbitration under the Arbitration and Conciliation Act, 1996, particularly focusing on the re...

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Bombay High Court Dismisses Petition by Society Members Challenging Arbitral Award for Lack of Locus Standi. Non-signatories to arbitration agreement cannot challenge award under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, who are members of Apsara Co-operative Housing Society Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Ac...

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Revocation of Probate Not Maintainable on Grounds of Title Dispute. Bombay High Court

The Bombay High Court held that a probate cannot be revoked on the ground that the testator lacked title to the bequeathed property. S...

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Bombay High Court Allows Petitioner to Recall Document for Evidence in Civil Suit — Inherent Power Under Section 151 CPC Can Be Invoked for Recall of Document from Collector's Office for Purpose of Tendering in Evidence

The petitioner, Shri Gruha Nirman Sahakari Sanstha Ltd., a housing society, filed a writ petition challenging the order dated 31-1-2012 passed by the ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Deduction of Contributory Negligence and Proper Application of Multiplier. Claimants' Cross Objection Dismissed as No Evidence of Negligence of Other Vehicle.

The case arises from a motor accident claim filed by the parents of a deceased bachelor who died in a vehicular accident. The Motor Accident Claims Tr...