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Bombay High Court Addresses De Novo Trial Requirement Under Section 138 NI Act Upon Transfer of Presiding Judge. The court held that successor judge has discretion to proceed from the stage of transfer but must ensure no prejudice to the accused.

This group of matters involves a common legal question regarding the requirement of a de novo trial in proceedings under Section 138 of the Negotiable...

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Bombay High Court Dismisses Appeal Against Summary Judgment in Bank Guarantee Enforcement Case. Court holds that invocation of bank guarantee is independent of underlying contract disputes and must be honoured unless fraud or irretrievable injustice is established.

The case arises from a summary suit filed by Bank of India (the respondent) against the appellants, who were the original defendants, for enforcement ...

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Bombay High Court Allows Plaintiffs to Lead Rebuttal Evidence in Specific Performance Suit Under Order 18 Rule 3 CPC. Plaintiffs granted permission to rebut evidence on supplementary agreement disclosed during trial.

The plaintiffs, Usha D. Shah and another, filed two suits for specific performance of agreements for sale of flats, based on letters of allotment date...

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Supreme Court Allows State Appeal in Army Offence Jurisdiction Dispute, Restoring Sessions Court Trial. Concurrent Jurisdiction Under Section 125 of Army Act, 1950 Upheld, with Commanding Officer's Discretion Exercised Through Cooperation with Civil Investigation.

The appeal arose from a judgment of the High Court of Sikkim, which upheld an order of the Sessions Judge directing that the accused, an Army personne...

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Bombay High Court Confirms Death Sentence for Accused in Rape and Murder of Two-Year-Old Child. The court upheld the conviction under Section 302 IPC, Section 376A IPC, and Section 6 of POCSO Act, finding the crime to be in the 'rarest of rare' category.

The case involves the confirmation of a death sentence and an appeal against conviction for the rape and murder of a two-year-old child. The incident ...

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Bombay High Court Adjudicates Enforcement of Foreign Arbitral Award in Joint Venture Dispute. Petition Seeks Enforcement Under Section 48 of Arbitration Act; Allegations Include Breach of JVA and Conflict of Interest.

The petitioner, an Italian company engaged in cable manufacturing, entered into a Joint Venture Agreement dated 19th January 2010 with the respondents...

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Bombay High Court Dismisses Writ Petition Challenging Slum Rehabilitation Authority's Grant of Scheme to Another Developer. Court upholds SRA's decision based on eligibility criteria and policy, finding no arbitrariness or violation of principles of natural justice.

The Petitioners, Dyna Estate Pvt. Ltd. (a developer) and Dr. Babasaheb Ambedkar Nagar Sahakari Griha Nirman Sanstha (a proposed cooperative society of...

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Supreme Court Holds Section 13(2)(a) of Consumer Protection Act, 1986 is Directory — District Forum Can Extend Time for Filing Reply Beyond 45 Days in Exceptional Circumstances. The 30-day period for filing reply commences from receipt of notice by the opposite party.

The Supreme Court Constitution Bench addressed two questions referred regarding Section 13(2)(a) of the Consumer Protection Act, 1986. The first quest...

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Bombay High Court Dismisses Notice of Motion Seeking Interim Relief to Enforce Foreign Judgment — Foreign Judgment Not Deemed Decree Until Suit Decided; No Prima Facie Case for Interim Attachment of Properties.

The plaintiffs, Dhirajlal alias Dhirubhai Babaria and Ashwin alias Ashwinbhai Babaria, both citizens of the United States, filed a suit in the Bombay ...