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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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Bombay High Court 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, not as a prospective purchaser.

The appellant, M/s Multicon Builders, a registered partnership firm through its partner Suryakant Gendasingh Thakur, was the original defendant no.9 i...

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High Court of Bombay at Aurangabad Upholds Conviction of Appellant for Rape and Kidnapping of Minor - Seven-Year Sentence Affirmed. Consistent Testimony of Prosecutrix and Medical Evidence Sufficient to Sustain Conviction Under Sections 363 and 376 IPC.

The appellant, Balaji Maruti Kamble, was convicted by the Additional Sessions Judge, Latur, for offences under Sections 363 and 376 of the Indian Pena...

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Bombay High Court Upholds Wakf Tribunal Decree for Possession of Wakf Property — Succession as Mutawalli Valid Under Atiyat Act. Property Registered as Wakf in 1975 Government List and Revenue Records Confirms Wakf Character, Defendant's Adverse Possession Claim Fails.

The case involves a civil revision application filed by Tukaram Dashrath Hiwre (original defendant No.1) against the judgment and order of the Wakf Tr...

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Bombay High Court Upholds Eviction of Tenant for Unauthorized Subletting and Misuse of Premises Under MHADA Act. Tenant failed to prove lawful sub-tenancy and used residential premises for commercial purposes, violating terms of allotment.

The petitioner, Dr. Ashok Trivikram Wagle, was a tenant of a residential premises owned by the Maharashtra Housing and Area Development Authority (MHA...

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Bombay High Court Dismisses Appeal of Employee Contesting Election Without Permission. Regulation 48B of Bombay State Transport Employees Services Regulations Requires Prior Permission; Dismissal Upheld for Wilful Disobedience.

The appellant, Umesh Kalyanrao Galande, was a helper employed by the Maharashtra State Road Transport Corporation. He applied for permission to contes...