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Bombay High Court Dismisses Second Appeal in Possession Suit — Concurrent Findings of Fact Not Interfered With. Licensee Defendants Failed to Prove Independent Title; Suit for Possession Based on Title Maintainable Without Prior Revocation of License.

The present second appeal was filed by the original defendants against the judgment and decree dated 16.04.2022 passed by the District Judge-1, Nagpur...

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Bombay High Court Acquits Appellant in POCSO Case Due to Unproven Age — Benefit of Doubt Given as Prosecution Failed to Establish Minority of Prosecutrix Beyond Reasonable Doubt Under Sections 4, 6 of POCSO Act and Sections 363, 376 IPC.

The appellant, Ashik Ramjan Ansari, was convicted by the Special Judge at Greater Bombay in POCSO Special Case No.203 of 2016 for offences under Secti...

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Bombay High Court Grants Probate of Will in Favor of Propounder Despite Allegations of Undue Influence. Court holds that propounder discharged burden of proving due execution and testamentary capacity under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiff, Janki Suresh Bhandoola, as the sole executrix named in the last will and testament of Sushiladevi T. Parsani (the testatrix), filed a s...

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Bombay High Court Allows Teachers' Petitions Challenging Refusal of Approval and Salary — Education Officer Cannot Refuse Approval on Ground That Vacancy Arose Prior to Government Resolution Dated 29-10-2005. Teachers Entitled to Salary from Date of Initial Appointment.

The judgment concerns a batch of writ petitions filed by teachers who were appointed by various educational institutions in Maharashtra. The Education...

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Bombay High Court Quashes Cancellation of GST Registration for Vague Show Cause Notice — Violation of Natural Justice. Show cause notice lacking specific allegations of fraud or suppression of facts renders cancellation order unsustainable under Section 20 of IGST Act read with Section 107 of CGST Act.

The petitioner, Makersburry India Pvt. Ltd., challenged an order dated 26 April 2023 passed by the Deputy Commissioner of State Tax (Appellate Authori...

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Bombay High Court Allows Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim Case — Negligence of Truck Driver Established, Contributory Negligence Not Proved. Claimants awarded enhanced compensation with 6% interest per annum from date of petition.

The judgment arises from two cross-appeals against the award of the Motor Accident Claims Tribunal, Sangli, dated 28 September 2005 in Claim Petition ...

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Bombay High Court Quashes Criminal Proceedings in Domestic Violence Case Following Compromise Between Husband and Wife. Parties settled their disputes amicably and the wife expressed no objection to quashing of FIR under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of Dowry Prohibition Act, 1961.

The petitioners, who are the husband (Narayan Devkar) and his relatives, filed a Criminal Application under Section 482 of the Code of Criminal Proced...

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Bombay High Court Quashes Municipal Corporation's Demand for Transfer Fees and Unilateral Imposition of Fresh Lease Terms. Lease Renewal Must Be on Existing Terms Unless Mutually Agreed, and Transfer of Leasehold Interest Does Not Attract Transfer Fees Without Specific Statutory Provision.

The petitioners, ten individuals and a company, filed a writ petition under Article 226 of the Constitution of India challenging the actions of the Na...