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Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

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High Court Dismisses Petition by Petitioner Challenging Membership Grant Under Maharashtra Co-operative Societies Act, 1960 -- Lease Conditions and Statutory Amendments Upheld in Favor of Respondents

The petitioner society filed a Writ Petition under Article 227 of the Constitution of India, challenging orders that granted membership to respondent ...

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Supreme Court Acquits Appellant in Rape Case Due to Inconsistent Evidence and Perfunctory Section 313 Examination. Promise of Marriage Not Proven as False from Inception; Relationship Consensual and Delayed FIR Raises Doubts.

The appellant, Maheshwar Tigga, was convicted under Sections 376, 323, and 341 of the Indian Penal Code (IPC) by the Additional Judicial Commissioner,...

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Bombay High Court Upholds Injunction Against Developer in Dispute Over Exhausted FSI and Conveyance Rights. Prima Facie, Developer's Attempt to Use TDR for Further Construction on Sector IV-A After Exhausting Consumable FSI Violates Cooperative Housing Societies' Right to Conveyance.

The Bombay High Court dealt with cross-appeals arising from an interim injunction granted in a suit filed by cooperative housing societies against the...

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Bombay High Court Allows Writ Petition of Charitable Trust Against Rejection of Condonation of Delay in Filing Form 9A Under Section 119(2)(b) of Income Tax Act, 1961. CBDT Circulars Must Be Liberally Construed to Grant Relief When Delay Is Due to Change in Procedure from Manual to Electronic Filing.

The petitioner, Nav Chetna Charitable Trust, is a trust registered under Section 12A of the Income Tax Act, 1961, and runs educational institutions. F...

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Bombay High Court Allows Compounding of NI Act Offence Despite Complainant's Objection. Payment of Full Cheque Amount with Interest and Costs Entitles Accused to Compounding Under Section 147 of Negotiable Instruments Act, 1881.

The applicants, who were accused in a criminal complaint filed by the respondent-company under Section 138 of the Negotiable Instruments Act, 1881, ch...

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Bombay High Court Quashes FIR in Rape Case Where Relationship Was Consensual and No False Promise of Marriage — Ingredients of Section 375 IPC Not Made Out. The Court held that a mere breach of promise does not constitute rape under Section 376 IPC if the promise was not false from the inception.

The petitioner, Mahendra Ladu Sawant, was an accused in FIR No.151/2018 lodged on 01/11/2018 under Section 376 IPC (rape) based on a complaint by resp...

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Bombay High Court Allows Appeal in Testamentary Succession Case — Thumb Impression on Will Valid Despite Testator's Medical Condition. Court Grants Probate to Adopted Daughter as Will Duly Executed Under Section 63 of Indian Succession Act, 1925.

The case involves an appeal against the dismissal of a probate petition by the learned Single Judge. The appellant, Sonali Arvind Nadkarni, is the ado...