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Bombay High Court Hears Second Appeal Against Setting Aside of Specific Performance Decree—Expedited Hearing Ordered Despite Adjournment Requests. The appeal, admitted on questions of law, was treated as part-heard and oral judgment delivered after refusal to grant further time.

The High Court of Judicature at Bombay, Bench at Nagpur, heard Second Appeal No. 210/2013 arising from a suit for specific performance of an agreement...

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Bombay High Court Allows Debenture Trustee's Claim for Payment from Suit Amount Held by Court Receiver in Priority Over Assignee of Decree. The court held that an assignee of a decree steps into the shoes of the assignor and cannot claim priority over the original decree holder who is a debenture trustee.

The dispute arose from a suit filed by ICICI Bank Ltd. (plaintiff) as debenture trustee for holders of 15% non-convertible debentures issued by Pal Pe...

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High Court of Karnataka Acquits Accused in Corruption Case Due to Lack of Independent Witnesses and Unreliable Trap Proceedings. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988.

The appellant, G B Jagadeesh, was convicted by the Special Judge, Davanagere, in Spl.C.(Lokayukta) No.9/2007 for offences under Sections 7, 13(1)(d) r...

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Bombay High Court Dismisses Appeals by Wife and Co-Respondent, Upholds Divorce Decree on Grounds of Adultery, Desertion, and Cruelty Under Hindu Marriage Act, 1955. Wife's Voluntary Sexual Intercourse with Co-Respondent and Desertion Established by Preponderance of Probabilities.

The case involves two family court appeals arising from a divorce petition filed by Sushil (husband) against Sangeeta (wife) under Section 13(1)(i), (...

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Supreme Court Dismisses Appeal for Specific Performance of HUF Property Sale Agreement Due to Plaintiff's Inequitable Conduct. Suppression of Material Facts and Inconsistent Pleadings Disentitle Equitable Relief Under Section 20 of Specific Relief Act, 1963.

The appeal arose from a suit for specific performance of an agreement for sale dated 16th January 1980 executed by the defendant (Brij Bhushan Chaudha...

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Supreme Court Upholds Compensation Award in Medical Negligence Case Under Consumer Protection Act, 1986. The Court found deficiency in service due to inadequate post-operative monitoring and delayed intervention in treating a patient with aortic aneurysm, leading to death and warranting compensation.

The dispute arose from a complaint filed by the legal heirs of a deceased patient, Dinesh Jaiswal, against Bombay Hospital & Medical Research Centre a...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies once cheque and signature are admitted, shifting burden on accused to rebut existence of debt.

The appellant, Nitin Bapurao Mankar, was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, against re...