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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 Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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Bombay High Court Rejects Jurisdictional Challenge in Admiralty Suit Filed Without Vessel in Territorial Waters. Suit Held Maintainable When Arrest Warrant Executed upon Vessel's Subsequent Arrival, Following Geetanjali Woolen Precedent.

The case involves an admiralty suit in rem filed by Great Pacific Navigation (Holdings) Corporation Limited, a Hong Kong company, against the vessel M...

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High Court of Bombay Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Debt. Complainant failed to establish legally enforceable debt or liability under Section 138 of the Negotiable Instruments Act, 1881 as the cheque was given as security for a business transaction.

The case involves an appeal by the complainant, Shankar Jaganath Mane, against the acquittal of the accused, Sikkandar Mohammed Bidiwala, for an offen...

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Bombay High Court Allows Second Appeal in Money Suit Due to Perverse Findings on Loan Repayment. Concurrent findings of fact set aside as courts below ignored material evidence regarding repayment of loan under Section 34 of Code of Civil Procedure, 1908.

The appellant/defendant, Madhukar alias Babanrao Ganpat Sabnis, a landlord, appealed against the concurrent decrees in a money suit filed by the respo...

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Bombay High Court Upholds Acquittal in Murder Case Due to Lack of Credible Evidence and Failure to Prove Motive. Conviction under Sections 302 and 201 IPC Set Aside as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt.

The applicant, Prabhakar Madhavrao Thite, the son of the deceased Madhavrao Thite, filed a criminal revision application against the judgment and orde...

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Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...