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Bombay High Court Dismisses Petition Challenging Amendment in Partition Suit After Trial Commenced. Amendment to Add Properties and Parties Allowed as Not Changing Nature of Suit and Due Diligence Found.

The petitioners, original defendants in Special Civil Suit No. 160 of 2012, challenged orders dated 13/03/2019 allowing two applications (exhibit no. ...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Summary Suit Withdrawal Case. Order 23 Rule 1 CPC Requires Express Liberty for Fresh Suit, but Withdrawal Order Did Not Bar Fresh Suit as It Was Not a Judgment.

The case involves a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) filed by the applicants (original defendan...

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Bombay High Court Acquits Appellant in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction under Sections 4, 6, 8, 12 of POCSO Act and Section 376(2)(i) IPC set aside as victim's evidence was unreliable and medical evidence did not support sexual assault.

The appellant, Mahadeo @ Nana Gundiba Khandale, was convicted by the Additional Sessions Judge, Baramati in Special (POCSO) Case No.8/2015 for offence...

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High Court of Bombay at Goa Upholds Conviction in Rash Driving Case — Death Caused by Negligent Driving of Mini Truck. Concurrent findings of fact based on credible evidence cannot be interfered with in revision.

The applicant, Pradeep N. Shetgaonkar, was convicted by the Judicial Magistrate First Class (JMFC) on 01/10/2012 for offences under Sections 279, 338,...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Suit for partition and separate possession of ancestral property dismissed as barred by limitation and adverse possession established by defendants.

The appellant, Rajkumar Chaganlal Shah, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree ...

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Bombay High Court Dismisses Employer's Petition in Date of Birth Dispute — Employee Failed to Prove Error in Service Record. Labour Court's Order to Correct Date of Birth Set Aside as Employee's Claim Was Unsubstantiated and Made at the Fag End of Service.

The petitioner, Shri Chhatrapati Sahakari Sakhar Karkhana Limited, a cooperative sugar factory, challenged the judgments of the Labour Court and Indus...