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Bombay High Court Dismisses State Appeal Against Acquittal in Criminal Breach of Trust Case — Prosecution Failed to Prove Misappropriation Beyond Reasonable Doubt Under Section 409 IPC Due to Lack of Material Witnesses and Inconsistent Evidence.

The State of Maharashtra appealed against the acquittal of the respondent, Mrs. Mandabai Ashok Sawant, who was charged under Section 409 of the Indian...

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High Court of Judicature at Bombay Considers Challenge to Arbitral Award Under Section 34 of Arbitration Act in Property Development Dispute. Petitioners Argue Award is Unreasoned and Arbitrator Failed to Independently Analyze Submissions, Seeking Set Aside.

Background: The matter involved a property development dispute concerning three tribal (Adivasi) lands in Malad, Mumbai. The petitioners were legal he...

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Bombay High Court Dismisses Probate Petition for Will Allegedly Obtained by Fraud and Undue Influence — Will Not Proved as Genuine Due to Suspicious Circumstances and Failure to Examine Attesting Witnesses.

The case pertains to a petition for Letters of Administration with the Will of Mangesh Pandurang Rege dated 1st October 1971. The original petitioner,...

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High Court Quashes Trial Court Order Rejecting Secondary Evidence Application in Specific Performance Suit. Trial Court Directed to Permit Plaintiffs to Lead Evidence of Lost Agreement to Sell Upon Establishing Foundational Facts Under Section 65 of the Indian Evidence Act, 1872.

This writ petition under Article 227 of the Constitution of India was filed by the original plaintiffs against an order of the trial court rejecting t...

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Bombay High Court Considers Section 34 Petition to Set Aside Arbitral Award for Jurisdictional Excess and Violation of Natural Justice. Petitioner Alleges Arbitrator Entertained Claims Beyond Scope of Reference and Relied on Unproved Certificates, Rendering Award Patently Illegal.

The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 arose from a construction dispute between Country Club (India) Ltd...

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High Court of Bombay Hears Rectification Petition Filed by Le Shark Apparel Limited Seeking Cancellation of Respondents' Registered Trade Mark No. 466002 in Class 25. Petition Based on Grounds of Non-Use Under Section 47 and Fraudulent Registration Under Section 57 of the Trade Marks Act, 1999.

The petitioner, Le Shark Apparel Limited, filed a Commercial Miscellaneous Petition before the High Court of Bombay seeking rectification of the respo...

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Bombay High Court Dismisses Petition Challenging Collector's Order Refusing to Dismiss Disqualification Petition for Non-Compliance of Rule 6 of Maharashtra Local Authority Members' Disqualification Rules, 1987. Verification of Petition and Documents Held Sufficient Compliance with Rule 6.

The petitioner, Fazalur Rehman Gulam Nabi, President of Municipal Council, Balapur, filed a writ petition challenging an order of the Collector, Akola...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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High Court of Karnataka Dismisses Second Appeal in Property Title Dispute Involving Multiple Previous Suits. Court Examines Maintainability Under Order 2 Rule 2 CPC and Relief Requirements Under Section 34 of Specific Relief Act, 1963 Regarding Declaration Without Consequential Possession.

The dispute originated from a property suit O.S.No.156/2010 filed by seven plaintiffs seeking declaration of title and permanent injunction regarding ...