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Bombay High Court Dismisses Second Appeal by Widow and Children, Upholding Mother's Share in Son's Provident Fund and Insurance Amounts. Mother of deceased employee held entitled to share as Class I heir under Section 8 of Hindu Succession Act, 1956, in provident fund, gratuity, and insurance proceeds.

The case involves a dispute over the distribution of provident fund, gratuity, and insurance amounts payable upon the death of Ramesh, who died on 09/...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands for Fresh Consideration of Measurement Evidence. Court holds that the lower appellate court failed to consider the TILR's map and report, which constituted a substantial question of law under Section 100 CPC.

The present second appeal arises from a suit for possession of encroached land. The appellants, original plaintiffs, are members of a joint family own...

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Bombay High Court Allows Arbitration Application in Out-of-State Contract Dispute. Holds That Arbitration Is Not a 'Thing Done' Under Maharashtra Stamp Act, 1958, and Contract Executed and Performed Outside Maharashtra Is Not Liable to Stamp Duty in Maharashtra.

The applicant, S Satyanarayana & Co, a partnership firm based in Visakhapatnam, filed an application under Section 11 of the Arbitration and Conciliat...

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Bombay High Court Quashes Additional Charge Under Section 304-B IPC Against Husband and Mother-in-Law in Dowry Death Case. Absence of Evidence of Demand of Dowry 'Soon Before Death' and Lack of Proximate Link Between Cruelty and Suicide Precludes Framing of Charge Under Section 304-B IPC.

The applicants, Vinod Babaso Bhosale (husband) and Chhaya Babaso Bhosale (mother-in-law), were accused in Sessions Case No. 148 of 2015 pending before...

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High Court of Bombay at Goa Upholds Conviction in NDPS Case for Possession of 4.5 kg Ganja — Ten Years' Rigorous Imposition Confirmed. Appeal Dismissed as Prosecution Proved Conscious Possession and Compliance with Section 50 of NDPS Act, 1985.

The appellant, Ishwar Buddha, was convicted by the Special Judge, NDPS Court, South Goa, for an offence under Section 20(b)(ii)(C) of the Narcotic Dru...

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Bombay High Court Dismisses Election Petition for Non-Disclosure of Cause of Action in Gadchiroli-Chimur Lok Sabha Constituency Dispute. Alleged Discrepancy of 62 Votes in Final Tally Does Not Constitute a Cause of Action Under Section 100(1)(d)(iv) of the Representation of the People Act, 1951.

The petitioner, Dr. Rameshkumar Bapuraoji Gajbe, contested the election to the 17th Lok Sabha from the Gadchiroli-Chimur Constituency as a candidate o...

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Bombay High Court Upholds Life Conviction for Murder in Dowry Demand Case — Acquittal of Co-Accused for Cruelty and Murder Stands as State Did Not Challenge. Conviction under Section 302 IPC based on dying declaration and circumstantial evidence of demand of Rs.10,000/- leading to death.

The appellant, Feroj Mohammad Shaikh, was convicted by the Additional Sessions Judge, Osmanabad, for the murder of his wife Shahanaj under Section 302...

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Bombay High Court Dismisses Builder's Appeal for Injunction Against Demolition of Unauthorized Construction. Builder who constructed seven upper floors without permission and inducted flat purchasers without occupation certificate is not entitled to equitable relief of temporary injunction.

The appellant, M/s. Leela Enterprises, a partnership firm, filed an appeal against an order of the trial court refusing to grant a temporary injunctio...

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Bombay High Court Allows SICOM's Petition Against Guarantors Under Section 31(1)(aa) of SFC Act — Guarantors' Liability Is Co-extensive with Principal Debtor, No Need to Exhaust Remedies Against Principal Debtor First

The petitioner, M/s. SICOM Limited, a State Financial Corporation, filed two petitions under Section 31(1)(aa) of the State Financial Corporation Act,...