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Bombay High Court Acquits Accused in Corruption Case Due to Inconsistent Evidence and Lack of Proof of Demand. Conviction under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 set aside as prosecution failed to establish demand and acceptance of bribe beyond reasonable doubt.

The appellant, Nathaji Tukaram Lohakare, a Talathi (village revenue officer), was convicted by the Special Judge, Solapur, for offences under Section ...

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Bombay High Court Acquits Mother-in-Law in Dowry Death Case Due to Lack of Evidence of Cruelty and Demand of Dowry. Conviction under Section 304-B IPC Set Aside as Prosecution Failed to Establish Proximate Link Between Demand of Dowry and Death.

The case pertains to the death of Vaishali, who married Dinesh on 8 May 1998 and died by consuming insecticide on 4 November 1998, succumbing on 11 No...

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Bombay High Court Dismisses Petitions Challenging Demolition of Dilapidated Building Under MHADA and MCGM Regulations — Held That Occupiers Have No Right to Insist on Repair When Building is Unsafe.

The case involves two writ petitions filed by Grace Estate Development Venture and by residents of Ashish Building No. 21 CHS Ltd challenging the demo...

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Bombay High Court Dismisses Petition Challenging Permission to File Written Statement Beyond Limitation in Specific Performance Suit. Order VIII Rule 1 CPC Held Directory; Legal Representatives of Deceased Defendant Allowed to File Written Statement as No Prejudice Caused to Plaintiff.

The petitioner, Subhash Dhanraj Sankla, filed a suit for specific performance of an agreement to sell a property owned by Rhoda Phiroze Noble. The ori...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — No Evidence of Cruelty or Abetment of Suicide. Presumption under Section 113A of Indian Evidence Act, 1872 not applicable as suicide occurred beyond seven years of marriage.

The State of Maharashtra appealed against the acquittal of four respondents (husband, father-in-law, mother-in-law, and brother-in-law of the deceased...

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Bombay High Court Allows Assessee's Reference in Sales Tax Classification Case — PVC Pipes Not Agricultural Machinery. Assessee Entitled to Refund of Excess Tax Collected Under Bombay Sales Tax Act, 1959.

The case involves two sales tax references under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the assessee, M/s. Patankar Broth...

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Bombay High Court Allows Recovery Suit by Cotton Corporation Against Textile Mill for Unpaid Price of Imported Cotton. Court holds that the plaintiff is entitled to recover the principal sum with interest at 6% p.a. from the date of suit till payment.

The plaintiff, The Cotton Corporation of India Ltd, a government undertaking and canalising agency for import of cotton, filed a suit for recovery of ...

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Bombay High Court Dismisses Second Appeal in Promotion Dispute Against Co-operative Bank — Bank Not 'State' Under Article 12. Employee's Claim for Promotion to Deputy Chief Officer Fails as Technical Cadre Employee Not Entitled to Consideration for General Cadre Post.

The appellant, Sudhir Chatarpal Kedar, a Civil Engineer, was appointed as Engineer/Officer Grade-I in the Maharashtra State Co-operative Bank in July ...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Failure to Prove Rebuttal Issue Leads to Decree. Appellate Court Erred in Overlooking That Defendant's Failure to Prove Issue No. 2 (Rebuttal) Entitled Plaintiff to Decree Based on Documentary Evidence.

The plaintiff filed a second appeal against the dismissal of his suit for specific performance of an agreement to sell property. The plaintiff and def...