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Bombay High Court Allows Amendment to Plaint in Property Dispute Due to Subsequent Dispossession. Amendment Based on Events After Issues Framed Is Permissible Under Order 6 Rule 17 CPC Despite Delay.

The petitioner, Dela Gurudal Vanjari, filed a suit in 2005 seeking a declaration that a mutation entry was illegal and for an injunction against the r...

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Bombay High Court Dismisses Writ Petitions Challenging Mutation Entry in Property Dispute — Petitioners Failed to Establish Title or Possession. Court Held That Mutation Entries Do Not Confer Title and That Civil Suit Is Appropriate Remedy for Title Disputes.

The judgment pertains to a group of writ petitions filed by members of the Shirole family challenging a mutation entry in the revenue records of a pro...

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Bombay High Court Quashes Process in NI Act Complaint Due to Bar Under SICA Section 22A. Proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot continue against a sick company without BIFR consent.

The petitioners, a company and its directors, challenged the order dated 20.04.2018 passed by the 25th Joint Civil Judge (Junior Division) and Judicia...

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Bombay High Court Dismisses Interim Application in Defamation Suit for Lack of Jurisdiction Without Clause 12 Leave. Section 19 CPC Requires Defamation Suit to Be Filed Where Defamation Occurred, Not Where Reputation Is Harmed.

The plaintiff, Sameer Gulamnabi Kazi, Chairman of Maharashtra State Board of Waqf, filed a defamation suit against defendants alleging defamatory vide...

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Bombay High Court Allows Assessee's Appeals on Cenvat Credit for Inputs Used in Exempted Goods, Partially Allows Revenue's Appeals on Education Cess. Tractors are exempted goods despite education cess, but separate accounts are required under Rule 6 of Cenvat Credit Rules, 2004.

The judgment concerns multiple appeals filed by M/s. Mahindra & Mahindra Ltd. (Assessee) and the Commissioner of Central Excise (Revenue) against a co...

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Bombay High Court Upholds Acquittal of Eight Accused in Murder Case Due to Unreliable Evidence and Lack of Credible Witnesses. Common Judgment Acquits All Accused Charged Under Sections 147, 148, 149, 302, 323 IPC for Murder of Bharat Koli and Hurt to Yeshwant Koli.

The State of Maharashtra appealed against a common judgment dated 26.7.1989 of the Vth Additional Sessions Judge, Thane, acquitting eight accused pers...

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Bombay High Court Sets Aside Discharge of Accused in Cheque Bounce Case Despite BIFR Proceedings. The court held that an order under Section 22 of SICA does not automatically bar criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner, Harshad Jayprasad Bakshi, filed a criminal writ petition challenging the order of the learned Metropolitan Magistrate, 12th Court, Mum...

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Bombay High Court Dismisses PIL Challenging Toll Road Tender and Concession Period. Policy decisions regarding toll collection and concession periods are not subject to judicial review unless arbitrary or mala fide.

The petitioner, Nandu Sambaji Nagarkar, a social worker, filed a Public Interest Litigation before the Bombay High Court, Nagpur Bench, challenging th...

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Bombay High Court Allows Second Appeal in Partnership Act Bar Case — Agreement Held as Licence Not Lease. Suit for Eviction by Unregistered Partnership Firm Not Barred Under Section 69(2) of Indian Partnership Act, 1932 as Right to Evict Trespasser Arises from Common Law.

The case involves a second appeal filed by M/s Hotel Satkar, an unregistered partnership firm, against the dismissal of their suit for eviction of the...