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Bombay High Court Dismisses Application to Set Aside Consent Decree in Commercial Suit — No Fraud or Collusion Found. Consent Terms Recorded in Suit for Specific Performance of Share Purchase Agreement Were Valid and Binding, Not Vitiated by Fraud or Misrepresentation Under Order XXIII Rule 3 CPC.

The judgment arises from a Notice of Motion filed by the original defendants (applicants) in a commercial suit seeking to set aside a consent decree d...

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Karnataka High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction and Declaration Dismissed as Plaintiff Failed to Prove Possession and Title Over Suit Property.

The appellant, Sri B.N. Devaraju, filed a second appeal before the Karnataka High Court against the concurrent judgments of the trial court and the fi...

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Bombay High Court Grants Bail to Petitioner in MPID Act Case Due to Long Incarceration Exceeding Maximum Sentence. Petitioner incarcerated for over 7.5 years as undertrial for offences under MPID Act and IPC; court holds further detention violates Article 21.

The Bombay High Court granted bail to a petitioner who had been incarcerated for over seven and a half years as an undertrial in a case under the Maha...

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Supreme Court Sets Aside High Court's Suspension of Life Sentence in Murder Case — Bail Granted Without Proper Application of Mind. High Court Failed to Consider Seriousness of Offence and Prima Facie Guilt Under Section 302 IPC.

The appellant, Omprakash Sahni, brother of the deceased Manish Kumar, filed appeals against a common order of the Patna High Court suspending the life...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Absence of Public Witness. Conviction under Section 302 IPC Set Aside as Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt.

The appellant, Prasada Sudhakar Kulkarni, was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of the victim. The prose...

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High Court of Karnataka Upholds Conviction in Cheque Bounce Case — Revisional Court Cannot Reappreciate Evidence Unless Perverse. Accused failed to rebut presumption under Section 139 of Negotiable Instruments Act, 1881 regarding legally enforceable debt.

The case arises from a complaint filed by the respondent (Smt. Y.C. Manju) against the revision petitioner (Sunil Yadav) under Section 138 of the Nego...

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Bombay High Court Dismisses Habeas Corpus Petition of POTA Detenus Seeking Release on Ground of Unlawful Detention. Court holds that detention under POTA is valid and habeas corpus cannot be used to challenge conditions of detention or seek bail.

The petitioners, Saquib Abdul Hamid Nachan and others, filed a habeas corpus petition before the Bombay High Court seeking release from detention unde...

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Bombay High Court Reserves Judgment in Section 34 Petition Challenging Arbitral Award Alleging Res Judicata and Patent Illegality; Decision on Coercion and Interest Awaited.

The petition challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner, a multi-state co-operative b...