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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession Over Suit Property.

The case involves two second appeals arising from a property dispute between family members. The appellants in SA-284-2019 were the original defendant...

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Bombay High Court Dismisses Habeas Corpus Petition by Mother Against Father for Custody of Minor Child. Father's Custody Held Not Unlawful as Both Parents Have Equal Rights; Dispute to Be Adjudicated Under Guardians and Wards Act, 1890.

The petitioner, Mrs. Namita Mahendra Thanai, filed a writ of habeas corpus under Article 226 of the Constitution of India seeking production of her mi...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholding Concurrent Findings of Joint Family Property. Court holds that a coparcener cannot bequeath or gift ancestral property by will or gift deed, and that the burden of proving partition lies on the party asserting it.

The case involves a second appeal filed by the defendants (appellants) against a decree for partition passed by the trial court and confirmed by the f...

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Bombay High Court Allows State Appeal in Dowry Death Case — Conviction Restored Under Section 304-B IPC. Evidence of Demand for Motorcycle and Harassment Shortly Before Death Sufficient to Attract Presumption Under Section 113-B of Evidence Act.

The State of Maharashtra, through the Police Station Officer, Jintoor, filed an appeal against the acquittal of eight respondents (accused) by the Ses...

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High Court of Bombay Allows Insurance Company's Appeal in Part, Enhances Compensation in Motor Accident Claim — Insurer Liable to Pay and Recover. Deceased aged 35, self-employed, entitled to 40% future prospects; loss of consortium enhanced to Rs.40,000 per claimant.

The case arises from a motor accident claim filed by the widow and children of Binod Pande, who died in a vehicular accident on 28th August 2012. The ...

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Bombay High Court Allows Petition in Court Fees Dispute for Injunction Suit. Suit for Simplicitor Injunction Falls Under Section 6(iv)(j) of Bombay Court Fees Act, Not Section 6(iv)(d) for Possession.

The case involves a writ petition filed by the Plaintiffs (Lalchand Kalro and others) against the Respondents (Neeraj Lalchand Kalro and others) chall...

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Bombay High Court Allows Transfer of Hindu Marriage Petition from Dhule to Kopargaon on Grounds of Wife's Convenience and Safety. Wife's Convenience and Safety Precedence Over Husband's Choice of Forum Under Section 24 CPC.

The applicant, Sunita Manoj Goud, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of H...