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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Erroneous Application of Res Ipsa Loquitur. Parents and Minor Daughter of Deceased Passenger Who Fell from Train Entitled to Compensation Under Section 124A of Railways Act, 1989.

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur, dated 23 January 2019, dismissing the claim application filed by the appella...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The present appeal challenges the legality of the judgment and order dated 22.08.2013 passed by the learned Sessions Court, Pune, in Sessions Case No....

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Bombay High Court Upholds Conviction for Murder and Attempt to Murder in Land Dispute Case. Court confirms life imprisonment for appellant under Section 302 IPC and Section 3(2)(v) of SC & ST (Prevention of Atrocities) Act, 1989, based on credible eyewitness testimony and medical evidence.

The case involves three criminal appeals arising from a common judgment of the Sessions Judge, Yavatmal, in Sessions Trial No.50 of 2016. The appellan...

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Bombay High Court Allows Bail to Developer in Consumer Execution Proceedings for Non-Compliance of Refund Order. Held that Section 27 of Consumer Protection Act, 1986 is penal in nature and bail should be granted liberally unless there is likelihood of abscondence or tampering with evidence.

The petitioner, Suhas Ratnakar Morey, a developer, was involved in a consumer dispute with the respondent, Dhanraj Tulshiram Khaparde, who had paid Rs...

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Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Deed Held to be Mortgage by Conditional Sale, Not Outright Sale. Court reverses concurrent findings and decrees redemption with possession, applying Section 58(c) of Transfer of Property Act, 1882.

The respondent (original plaintiff) filed a suit for recovery of possession of suit land Survey No. 331/4, alleging that he had mortgaged the land to ...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Testimony and Lack of Corroboration. Conviction under Section 302 IPC Set Aside as Evidence of Last Seen and Motive Fails to Establish Guilt Beyond Reasonable Doubt.

The case arises from a criminal appeal filed by Chandrakant @ Gotya Ramdas Pawar and four others (original accused Nos.1, 2 & 4 to 6) against their co...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction for Kidnapping and Rape of Minor Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Under Sections 363, 366(A), 376(2)(i) IPC and Section 6 POCSO Act.

The appellant, Maula s/o Babu Kotwal, was convicted by the Special Judge, Osmanabad in Special (POCSO) Case No.21 of 2015 for offences under Sections ...