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Supreme Court Dismisses Plaintiffs in Property Declaration Suit Due to Omission of Possession Relief. Suit for Declaration and Injunction Held Not Maintainable Under Section 34 of Specific Relief Act, 1963 as Plaintiff, Not in Possession, Failed to Seek Further Relief of Possession.

The dispute originated from a suit filed in 1987 by Arakeri Abbaiah, the original plaintiff, seeking declaration of ownership and permanent injunction...

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Bombay High Court Dismisses Petition Challenging Belated Production of Power of Attorney in Civil Suit. Foundational Pleadings Not Required at Production Stage; Trial Court's Discretion Upheld with Costs.

The petitioners, legal heirs of the original deceased defendant no.1 in Special Civil Suit No.222/2009, challenged the trial court's order dated 29.07...

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Supreme Court Upholds Conviction Under Section 302 IPC for Fatal Head Injury Despite Acquittal of Co-Accused. The Court held that the sole eyewitness testimony, corroborated by medical evidence and recovery, was sufficient to sustain the conviction for murder.

The case involves an appeal by Kripal Singh against his conviction under Section 302 IPC for the murder of Yashwant. The incident occurred on 28 July ...

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Bombay High Court Dismisses Husband's Application for Perjury Proceedings Against Wife in Family Court Appeal. False statements in pleadings alone do not warrant prosecution under Section 340 Cr.P.C. without proof of intentional falsehood and necessity for prosecution.

The applicant, Dr. Santosh Chandrashekar Shetty (husband), filed a Civil Application under Section 340 of the Code of Criminal Procedure, 1973, seekin...

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Bombay High Court Dismisses Second Appeal in Permanent Injunction Suit — Upholds Concurrent Findings of Possession and Ownership Based on Revenue Records and Prior Adjudication. Tenancy Claim and Agreement of Sale Rejected as Not Proved and Inconsistent with Earlier Proceedings.

The case pertains to a Second Appeal filed by the original defendants (appellants) against the judgment and order dated 7.4.2007 passed by the Princip...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Demand for Dowry and Absence of Proximate Cause of Death. Conviction under Sections 302 and 498A IPC set aside as prosecution failed to prove cruelty or abetment to suicide beyond reasonable doubt.

The appellants, Annasaheb Dhondiram Dhokane, Jijabai Dhondiram Dhokane, Kumari Bharti Dhondiram Dhokane, and Sau Meera Raosaheb Dod, were convicted by...

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Bombay High Court Upholds Acquittal in Corruption Case Due to Unreliable Witness and Lack of Corroboration. Demand of Bribe Not Proved Beyond Reasonable Doubt under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

The State of Maharashtra appealed against the acquittal of Gunwant Dhumbhare, a public servant, for offences under the Prevention of Corruption Act. T...

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Bombay High Court Dismisses Second Appeal in Co-owner Possession Suit — Maintainability Upheld Despite Non-joinder of Other Co-owners. Gift Deed of 1930 Presumed Valid Under Section 90 of Indian Evidence Act, 1872 as 30-Year-Old Document.

The case involves a second appeal arising from a suit for possession filed by the respondent (original plaintiff) against the appellants (defendants) ...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree in Favor of Public Trust for Temple Construction. Concurrent findings of maintainability, authority of trustee, and bona fide need upheld under Maharashtra Rent Control Act, 1999.

The petitioners, tenants of a shop block admeasuring 700 sq. ft. belonging to respondent no.1 Public Trust, challenged concurrent eviction decrees pas...