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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Possession.

The case involves a second appeal filed by the original defendants (appellants) against the concurrent judgments of the trial court and the first appe...

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Bombay High Court Allows Appeal by Maharashtra State Electricity Board Against Decree Declaring Demand Letter Illegal. Court Holds That Dispute Regarding Meter Accuracy Must Be Referred to Electrical Inspector Under Section 26(6) of the Indian Electricity Act, 1910, and Civil Suit Is Not Maintainable.

The Maharashtra State Electricity Board (Board) appealed against a decree passed by the Civil Judge, Senior Division, Kalyan, which declared a demand ...

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Bombay High Court Dismisses Revision Application Against Decree Under Section 6 Specific Relief Act as Not Maintainable Under Section 115 CPC. Decree in suit for possession based on prior possession is not amenable to revision as no appeal lies and revision is barred by Section 115(2) CPC.

The case involves a Civil Revision Application filed by Sau. Sangita Sunil Bhardiya (applicant) against Rajendra Babulal Sarnot (respondent) challengi...

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Bombay High Court Dismisses Suit Challenging Income Tax Order for Lack of Jurisdiction Under Section 269UN of Income Tax Act, 1961. Jurisdiction of Civil Court Barred as Appropriate Authority's Order Under Chapter XXC Is Final and Conclusive.

The plaintiff, Sasmita Investments Ltd., filed a suit in the Bombay High Court challenging an order passed by the Appropriate Authority under Chapter ...

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Bombay High Court Dismisses Petition Challenging Refusal to Dismiss Suit Under Order IX Rule 5 CPC. Order IX Rule 5 CPC does not apply when summons were never issued to defendants, and the provision is directory, allowing court discretion to extend time for service.

The petitioner, Sanjay Madanchand Kashyap, who was defendant no.1 in Special Civil Suit No.769 of 2012, filed a writ petition challenging the order da...

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Bombay High Court Allows Victim's Appeal Against Acquittal Under Proviso to Section 372 CrPC — Condonation of Delay Granted. The court held that the victim's right to appeal is independent and delay can be condoned if sufficient cause is shown.

The petitioner, Parbhani District Central Bank Ltd., through its Assistant Manager Digambar s/o Madanrao Parve, filed a criminal writ petition challen...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Daughter's Right to 1/6th Share in Self-Acquired Property. The court held that the suit properties were self-acquired by the mother and not ancestral, and that daughters are entitled to equal share under Hindu Succession Act, 1956.

The case involves a Regular First Appeal filed by Defendant Nos. 1 and 5, father and son, against the judgment and decree dated 18.12.2015 passed by t...