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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Specific Performance. Court holds that plaint cannot be rejected under Order VII Rule 11 CPC when it discloses a cause of action and raises triable issues regarding fraud and misrepresentation.

The petitioners, defendants in a suit for specific performance, filed a writ petition under Article 227 of the Constitution of India challenging an or...

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Bombay High Court Allows US National's Petition Against Expulsion Without Hearing. Court holds that an order under Section 3(2)(c) of the Passport (Entry into India) Act, 1920 requires compliance with natural justice.

The petitioner, Joshua Sadagursky, a US national, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 21st...

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Bombay High Court Upholds Conviction of Nigerian National in NDPS Case — 13-Year Rigorous Imprisonment Affirmed. Conscious possession of 2.5 kg heroin in checked-in baggage established; presumption under Section 35 NDPS Act not rebutted.

The appellant, Okacha Mike, a Nigerian national aged 68 years, was convicted by the Special Judge under the NDPS Act for offences punishable under Sec...

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Bombay High Court Allows Summary Judgment in Commercial Suit for Recovery of Loan Amount. Plaintiff entitled to decree for Rs.1.65 Crores with interest as defendant failed to raise a triable issue under Order XXXVII CPC.

The plaintiff, Tradelink Exim (India) Pvt Ltd, filed a Commercial Suit under Order XXXVII of the Code of Civil Procedure, 1908, against the defendant,...

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Bombay High Court Acquits Five Accused in Murder Case Due to Unreliable Testimony of Related Witnesses and Lack of Corroboration. Conviction under Section 302 read with Section 34 IPC set aside as sole eyewitness was brother of deceased and evidence suffered from material contradictions and improvements.

The case involves four criminal appeals filed by five accused persons convicted under Section 302 read with Section 34 of the Indian Penal Code (IPC) ...

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Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC.

The case involves a dispute over the interpretation of a Will and Codicil executed by one Jehangir Bomanji Boman Behram (the testator), a wealthy soli...

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Bombay High Court Dismisses Appeal in Will Construction Case — No Substantial Question of Law Found. Interpretation of Will and Codicil Held to Be a Question of Fact, Not Law, Under Section 100 CPC.

The case involves a First Appeal registered as such but to be decided as a Second Appeal under Section 100 of the Code of Civil Procedure, 1908. The a...

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Bombay High Court Allows Substitution of Legal Heir in NI Act Appeal After Complainant's Death. The court permitted the brother and power of attorney holder of the deceased appellant to be substituted to pursue the appeal under Section 138 of the Negotiable Instruments Act, 1881.

The case involves an application filed by Hasmukhbhai Kanjibhai Raja, the brother of the original appellant Umesh Kanjibhai Raja, seeking leave to be ...

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Supreme Court Upholds Conviction of Public Servant in Corruption Case for Accepting Bribe, Validating Sanction Order. Essentials of Valid Sanction Under Section 6 of Prevention of Corruption Act, 1947, Deemed Satisfied as Sanctioning Authority Applied Mind to Relevant Materials.

The case arose from the conviction of a public servant under Section 5(2) of the Prevention of Corruption Act, 1947, and Section 161 of the Indian Pen...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Related Witnesses and Lack of Corroboration. Conviction under Section 302 IPC set aside as sole eye-witness was brother of deceased and testimony suffered from contradictions and improvements.

The case involves two criminal appeals filed by five accused persons (original accused nos. 1 to 5) against their conviction under Section 302 read wi...