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Bombay High Court Quashes FIR in Stalking Case for Lack of Ingredients of Section 354D IPC. Court holds that mere sending of messages without evidence of continuous monitoring or following does not constitute stalking under Section 354D of Indian Penal Code, 1860.

The petitioner, Mukesh Kumar Godara, a Branch Manager with the Bank of Maharashtra, filed a Criminal Writ Petition under Article 226 of the Constituti...

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Bombay High Court Dismisses Arbitration Petition for Appointment of Arbitrator in Family Property Dispute — No Arbitration Agreement Exists Between Parties. Will Clause Cannot Substitute Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The petitioner, Mrs. Padmini Chandran Menon, filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking app...

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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Property Dispute — Plaint Discloses Cause of Action and Is Not Barred by Limitation. Order VII Rule 11 CPC Application Fails as Court Must Look Only at Plaint Averments and Not Evidence.

The applicant, Mr. Nilesh Sangodkar, filed a Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dat...

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Bombay High Court Dismisses Second Appeal in Suit for Possession Based on Title — Concurrent Findings of Fact Not Interfered With. Court upholds that a co-owner can sue for possession without impleading other co-owners and that adverse possession cannot be claimed against a co-owner.

The case involves a second appeal filed by the original defendants against the concurrent decrees of the trial court and first appellate court in a su...

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Bombay High Court Allows Appeals in Suit for Declaration and Injunction — Finds Plaintiff Failed to Prove Title and Possession. Concurrent findings of trial court reversed as plaintiff's claim of ancestral property and possession was not established by evidence.

The case involves two first appeals arising from a common judgment and decree dated 17-02-2016 passed by the Civil Judge, Senior Division, Kopargaon i...

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Bombay High Court Dismisses Appeal in Trademark Infringement Case — Eurobond Industries v. Euro Panel Products. Passing off and trademark infringement established due to deceptive similarity between 'Eurobond' and 'Euro' marks.

The case involves a commercial appeal filed by Eurobond Industries Private Limited (the appellant/defendant) against Euro Panel Products Pvt. Limited ...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Plaintiff Failed to Prove Readiness and Willingness to Perform Contract for Sale of Agricultural Land.

The appellant/plaintiff Palanivel filed a suit for specific performance of an agreement of sale dated February 22, 2008, whereby the first defendant B...

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Madras High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement of Sale Not Proved as Plaintiff Failed to Show Readiness and Willingness to Perform Contract Under Section 16(c) of Specific Relief Act, 1963.

The plaintiff Palanivel filed a suit for specific performance of an agreement of sale dated February 22, 2008, whereby the first defendant Balasubrama...

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Madras High Court Dismisses Petition of CISF Constable Challenging Dismissal for Fake ST Caste Certificate. Petitioner failed to participate in departmental enquiry despite multiple opportunities; court upholds dismissal based on forged caste certificate and lack of evidence of illness.

The petitioner, Mallena Gurumurthy, was a Constable in the Central Industrial Security Force (CISF) at the Neyveli Lignite Corporation (NLC) unit. He ...