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Bombay High Court Allows Appeal in Commercial Contract Dispute — Remands Suit for Fresh Consideration on Merits. Failure to Frame Issues and Conduct Trial Rendered Decree Unsustainable Under Order 41 Rule 23 CPC.

The present Commercial Appeal arises from a judgment and decree dated 09/08/2019 passed by the learned District Judge-1, Jalna, in Commercial Suit No....

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Pillion Rider. Insurer Liable as Policy Covered Pillion Rider Risk Under Section 147 of Motor Vehicles Act, 1988.

The appeal was filed by the United India Insurance Co., Ltd. challenging the judgment and award dated 05.02.2011 passed by the II Additional District ...

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Bombay High Court Acquits Accused in Gang Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376(2)(g) IPC set aside as testimony of prosecutrix failed to inspire confidence.

The case involves two appeals filed by Samundersing Mahipal Sing and Rajnishkumar Sureshchandra Kumar against their conviction by the Additional Sessi...

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Bombay High Court Dismisses Revision by HPCL Against Rejection of Plaint Rejection Application in Suit for Declaration and Injunction. Lease Deed and Possession Do Not Bar Suit as Plaintiff Alleges Breach of Obligations by HPCL Regarding Change of Land Use and Construction of Petrol Pump.

The case involves a Civil Revision Application filed by Hindustan Petroleum Corporation Limited (HPCL) challenging an order passed by the 6th Joint Ci...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

The appellant, Vijay Dhanbahadur Thapa, was convicted by the Special Judge, Mapusa, in Special Criminal Case No. 12/2008 for an offence punishable und...

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Bombay High Court Upholds Conviction Under Section 307 IPC for Knife Attack — Refusal of Immoral Proposal as Motive. Attempt to Murder Conviction Sustained Based on Consistent Oral Testimony and Medical Evidence.

The appellant, Roshanlal Jagannath Soni, was convicted under Section 307 of the Indian Penal Code, 1860 (IPC) by the Additional Sessions Judge, Thane,...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations and Lack of Identity. Dying Declarations Naming Different Person and Contradicting Each Other Render Conviction Unsustainable Under Section 302 IPC.

The appellant, Mustaq Ahmed Ismail Kadari, was convicted under Section 302 IPC for the murder of Shalu Sudhakar Pagare by setting her on fire. The pro...

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Bombay High Court Allows Writ Petitions Challenging Termination of Apprentice Employees in Zilla Parishad — Violation of Natural Justice and Section 25F of Industrial Disputes Act, 1947. Termination of apprentices without inquiry or notice held illegal as they were 'workmen' under the Act.

The judgment concerns a batch of writ petitions filed by 21 individuals who were engaged as apprentices by the Zilla Parishad, Wardha, under the Appre...