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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

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Bombay High Court Quashes FIR in Onion Trade Dispute Due to Civil Nature of Transaction and Lack of Criminal Intent. The court held that the ingredients of cheating under Section 420 IPC were not made out as there was no initial dishonest intention, and the dispute was purely civil.

The applicants, Thirumalai Prabhu R. and Vinodhini Prabhu Titumalai, proprietors/partners of M/s. Shreejith Traders in Tamilnadu, filed a criminal app...

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Bombay High Court Allows Compensation Claim Against Police for Illegal Seizure of Documents. Police Officer Acted Beyond Authority by Taking Possession of Private Documents Under Threat of Criminal Prosecution, Violating Petitioner's Rights.

The petitioner, Ram Babanrao Waregaonkar, filed a criminal writ petition seeking compensation on the ground that police acted illegally, harassed him,...

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Bombay High Court Modifies Labour Court Award in MSRTC Employee Back Wages Case — Full Back Wages Reduced to 50% Due to Employee's Laches and Delay in Prosecuting Remedy. Employee's removal under unconstitutional regulation did not automatically entitle full back wages; conduct and delay relevant.

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the Labour Court's award dated 18/10/2008 in IDA Reference No. 4/2007...

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Bombay High Court Dismisses Second Appeal in Gift Deed Cancellation Suit — Concurrent Findings of Non-Execution Upheld. Gift Deed Allegedly Obtained by Fraud on Illiterate Executant; Burden of Proof Not Discharged by Donee.

The appellant-defendant (Dattatray Narayan Aher) challenged the concurrent judgments of the trial court and first appellate court decreeing the suit f...