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Bombay High Court Allows Plaintiff's Suit for Declaration and Possession in Property Identity Dispute. Plaintiff Established Use of Name Pushpa/Pushpalata Interchangeably and Held to Be True Owner of Flat Under Cooperative Society Share Certificate.

This suit involved a dispute between two sisters-in-law over the ownership of a residential flat in Mumbai. The plaintiff, Pushpalata Sohanlal Sharma,...

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Supreme Court Quashes FIR for Forgery and Cheating, Restores NI Act Complaint — Civil Suit Pending on Same Receipts Makes Criminal Proceedings Abuse of Process

The Supreme Court allowed the appeals against the judgment of the Gujarat High Court which had declined to quash an FIR for forgery and cheating but h...

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Bombay High Court Allows Appointment of Arbitrator Despite Prior Suit Filed in Wrong Court — Filing of Suit in Court Without Jurisdiction Does Not Bar Subsequent Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996

The petitioner, Candid Drug Distributors, filed a suit in the competent court in Guwahati against the respondent, Wanbury Limited. The respondent chal...

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Bombay High Court Hears Writ Petition Seeking Refund of Customs Duty on Non-Delivered Goods. Importer's Refund Claim Rejected by Customs Authority Due to Inter-Departmental Dispute over Liability, Sections 13, 23, 27A of Customs Act, 1962 Involved.

The petitioner, a company manufacturing PVC/CPVC pipes, imported 100 metric tons of Polyvinyl Chloride Resin SG-5 Erdos. It filed Bill of Entry No. 84...

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Bombay High Court Upholds Conviction for Murder and Acquittal under Section 498A IPC in Husband-Wife Case. Circumstantial evidence including last seen theory and motive sufficient to convict for murder under Section 302 IPC, but cruelty charge not proved.

The appellant, Yogesh Dinesh Bharadwaj, was convicted by the Second Additional Sessions Judge, Thane, in Sessions Case No.142 of 2004 for the murder o...

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High Court of Karnataka Delivers Order on Writ Petition Challenging Compromise Decree and Execution Proceedings — Fraud and Non-Alienation Clause Under Section 61 of Karnataka Land Reforms Act, 1961 Considered

The petitioners, judgment debtors in a compromise decree, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to set...