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Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

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Bombay High Court Dismisses Revision and Writ Petition in Lease Dispute — Possession Rights Determined by Eviction Order Under Maharashtra Rent Control Act. The court upheld the eviction of the licensee and vacated the temporary injunction, finding the alleged lease deed unregistered and not credible.

The case involves a dispute over possession of a flat in Mumbai. The Revision Applicant, Ganesh Arjun Chukkal, is a director of Brice Infrastructure &...

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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

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Supreme Court Allows Revenue's Appeals in Central Sales Tax Case — No Time Limit for Delivery Under Section 6(2) of CST Act. Circulars Imposing Timeframe for Taking Delivery from Carrier Quashed as Ultra Vires.

The Supreme Court dealt with four civil appeals involving a common question of law under Sections 3 and 6 of the Central Sales Tax Act, 1956 (CST Act)...

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Supreme Court Allows Appeal by Students Against Bombay High Court Order Reconducting Admissions to JBIMS as Autonomous Institute. Court Holds That Autonomous Status of JBIMS Had Lapsed and Could Not Be Extended Retrospectively Without Following Due Process.

The Supreme Court allowed the appeal filed by 39 students from the University of Mumbai against the Bombay High Court's judgment dated 25.07.2019. The...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Extra-judicial Confession and Weak Last Seen Evidence. Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt Under Section 302 IPC.

The case involves two appeals against conviction for murder under Section 302 read with Section 34 IPC. The prosecution case was that accused No.1 (hu...

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Bombay High Court Allows Wife's Petition Under Domestic Violence Act, Restores Order for Alternate Accommodation and Compensation. Husband's Appeal Allowed Only Partially; Order for Alternate Accommodation and Loss of Earnings Restored.

The petitioner, Ann Menezes, married the respondent, Shahajahan Mohammad, in 1995 after converting to Islam. They had a son born in 1994. The petition...