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Bombay High Court Allows Appeal in Motor Accident Claim — Sets Aside Ex-Parte Decree Due to Invalid Service of Summons. Service by affixture without prior attempt at personal service held invalid under Order V Rule 17 CPC, and ex-parte decree set aside under Order IX Rule 13 CPC.

The appellant, M/s Arjun Travels, a sole proprietorship concern, was the owner of a vehicle involved in a motor accident. The respondents, being the l...

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Bombay High Court Allows Contractor's Suit for Recovery of Unpaid Amounts and Interest in Construction Contract Dispute. Holds that Delayed Payments Attract Interest Under Section 61 of the Indian Contract Act, 1872, and Excess Recovery from Mobilisation Advance Must Be Refunded.

The plaintiff, M/s Ajay Deep Construction Pvt. Ltd., filed a suit against the Maharashtra State Police Housing & Welfare Corporation Ltd. for recovery...

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High Court of Karnataka Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine. Court finds that the plaintiff failed to discharge burden of proving the agreement and that the defendant's possession was permissive, leading to dismissal of the suit.

The appellants (defendants) challenged the judgment and decree dated 30.01.2015 passed by the Senior Civil Judge, Nelamangala, in O.S. No. 82/2010, wh...

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Bombay High Court Upholds Conviction of Seven Accused in Murder Case Under Section 302 IPC Read with Section 149 IPC. Land Dispute Led to Fatal Attack, Eyewitness Testimony and Medical Evidence Found Credible.

The judgment pertains to two appeals arising from the same incident: Criminal Appeal No.936 of 2003 filed by seven convicted accused challenging their...

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Bombay High Court Upholds Conviction of Appellant for Murder, Robbery, and House Trespass in Doctor's Killing — Circumstantial Evidence Including Last Seen Theory and Recovery of Stolen Articles Sufficient to Prove Guilt.

The appellant, Sunil Nirmal Bisth, was convicted by the learned Additional Sessions Judge for Greater Bombay in Sessions Case No.1267 of 1996 for offe...

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Bombay High Court Grants Ex-Parte Decree for Recovery of Excess Payment in Sub-Contract Dispute — Plaintiff Entitled to Recover Rs.12,55,965.21 with Interest at 6% p.a. Plaintiff proved that defendant fabricated bills and was paid in excess of work done, leading to decree under Order 8 Rule 10 CPC.

The plaintiff, M/s. Offshore Industrial Construction Pvt. Ltd., filed a suit for recovery of Rs.12,55,965.21 with interest at 18% p.a. against the def...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Failure to Prove Common Intention. Conviction under Section 302 read with 34 IPC set aside as prosecution failed to establish beyond reasonable doubt the role of each accused in the fatal assault.

The case involves an appeal against the conviction of Sudhakar Pandurang Jagtap and others under Sections 302, 323, 504 read with 34 IPC for the murde...

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Bombay High Court Dismisses Petitions Challenging Demolition of Huts as Encroachments on Public Land. Petitioners failed to establish any legal right or title over the structures, which were unauthorized and constructed on land reserved for a garden.

The judgment concerns three writ petitions filed by hutment dwellers in Vatsalatai Naik Nagar, Chembur, Mumbai, challenging the demolition of their hu...