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Gujarat High Court Allows Restoration of Appeal in Condonation of Delay Case — Liberal Approach to Be Adopted When Delay Is Not Inordinate and No Malice Is Shown. Petitioner's Appeal Dismissed for Default Due to Advocate's Absence; Delay of 112 Days Condoned to Secure Justice.

The petitioner, Ramanbhai Khalbhai Rathod, filed a Special Civil Application under Article 227 of the Constitution of India before the Gujarat High Co...

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High Court Allows Defendant to Produce Documents in Cross-Examination Despite Non-Compliance with Order VIII Rule 1A(1) of CPC. Procedural Rules as Handmaid of Justice Permit Production for Limited Purpose of Confrontation When Documents Relate to Pleaded Facts and Are Not Foreign to Case.

The petition was filed by defendant no. 1 challenging the trial court's order rejecting his application to produce documents to confront plaintiff no....

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High Court Dismisses Appeal by Wipro Enterprises in Ex-Gratia Payment Dispute -- Upholds Money Decree Under Indian Contract Act, 1872 and CPC for Employee's Recovery Suit

The High Court dismissed an appeal by Appellant against a money decree favoring Respondent for an ex-gratia payment of Rs. 6,32,000/- -- The responden...

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Supreme Court Allows Amendment of Plaint in Partition Suit — Upholds High Court Order Permitting Challenge to Will and Inclusion of Movable Properties. Amendment Sought Before Commencement of Cross-Examination Held Not Barred by Proviso to Order VI Rule 17 CPC.

The dispute arises out of a partition suit filed by Suman Agarwal (Bindal) against her brothers Dinesh Goyal and others, claiming 1/5th share in a hou...

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Bombay High Court Upholds Conviction for Murder and Assault in Axe Attack Case. Appellant convicted under Section 302 IPC for causing death by axe blows on head and under Section 324 IPC for causing hurt to another person.

The appellant, Balu Sitaram Kamble, was convicted by the Additional Sessions Judge, Sangli, for the murder of Arjun and for causing hurt to Sandeep un...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Sole Eyewitness. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Beersingh Jagatsingh, was convicted by the 8th Ad-hoc Additional Sessions Judge, Seweree, Bombay in Sessions Case No. 548 of 2006 for t...

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Bombay High Court Allows Review Petition, Sets Aside Order Based on Counsel's Concession Contrary to Law. State Not Bound by Concession on Law Regarding Appointment Under Freedom Fighter Scheme.

The case involves a review petition filed by the State of Maharashtra and another against an order passed in Writ Petition No.7955 of 2006. The respon...

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Bombay High Court Allows Gratuity Claim in Payment of Gratuity Act Case — Resignation Not Ground for Forfeiture. Forfeiture of gratuity under Section 4(6) of Payment of Gratuity Act, 1972 requires termination for misconduct causing damage; resignation does not justify forfeiture.

The petitioner, H. Jayarama Shetty, joined the respondent Sangli Bank Ltd. on 28 May 1991. On 3 May 1994, a show cause notice was issued regarding irr...