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Bombay High Court Allows Second Appeal in Lease Dispute Due to Improper Points for Determination and Violation of Evidence Act. Appellate Court's reliance on oral evidence despite requirement of written lease under Clause 4 of agreement dated 04/05/1977 held erroneous.

The case involves a second appeal arising from a suit for possession and mesne profits concerning a property in Mapusa, Goa. The appellants (defendant...

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High Court of Bombay at Goa Acquits Accused in POCSO Case Due to Unproven Age of Victim. Birth Certificate with overwriting and lack of ossification test render age of victim unproven, vitiating conviction under Sections 376(2)(i),(n) IPC, Goa Children's Act, and POCSO Act.

The appellant, Santosh Gore, was convicted by the Children's Court for the State of Goa in Special Case No.36/2017 for offences under Section 376(2)(i...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Restores Trial Court Decree for Specific Performance of Agreement to Sell. Delivery of Possession Under Agreement Constitutes Part Performance, Entitling Purchaser to Specific Performance Under Specific Relief Act, 1963.

The case involves two second appeals arising from cross-suits between Dadasaheb Dhondiba Jagtap (appellant) and Anant Shivram Poman (respondent) conce...

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Bombay High Court Allows Appeal Against Single Judge Order Setting Aside Administrative Permission for Milk Collection. Fraud Allegation Not Proven as Proposal Was Complete at Time of Application.

The appellant, Subhas Anna Kool, challenged the judgment and order dated 25-10-2005 of a learned single Judge of the Bombay High Court in Writ Petitio...

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Bombay High Court at Goa Dismisses PIL Seeking Ban on Cow Slaughter in Goa — State Legislation Permits Slaughter of Bulls and Buffaloes, No Fundamental Right to Food of Choice Violated.

The Bombay High Court at Goa dismissed a public interest litigation (PIL) filed by Govansh Raksha Abhiyaan-Goa, Akhil Vishwa Jai Sriram Gosanvardhan K...

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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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High Court Dismisses Writ Petition in Income Tax Matter Involving India-China DTAA Interpretation. Petitioner's Claim for NIL Withholding Tax Certificate Rejected Due to Pending Assessments and Previous Tax Determinations Under Section 197 of Income Tax Act, 1961.

The dispute involved a Chinese company, Petitioner, which provided technical services to its Indian subsidiary, Benteler India Private Limited, under ...