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Bombay High Court Quashes Criminal Proceedings in Forgery and Cheating Case Due to Lack of Sanction Under Section 195 CrPC. Complaint Alleging Forged Medical Certificates Used for Bail Cannot Proceed Without Proper Sanction as Offences Under Sections 191-193 IPC Are Cognizable Only on Complaint by Court.

The petitioner, Rajiv S Modi, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Cr...

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Bombay High Court Dismisses Suit for Specific Performance of Oral Agreement for Sale of Basement Premises. Agreement Not Proved and Relief Barred by Limitation and Doctrine of Part Performance.

The plaintiffs, a partnership firm, filed a suit for specific performance of an oral agreement dated 30.11.1977 for the purchase of a basement-cum-god...

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Bombay High Court Allows Third Party Claim in Execution Proceedings — Property Purchased Prior to Attachment Not Liable. Applicants' title upheld as sale deed executed before warrant of attachment under Order XXI Rule 54 CPC.

The case arises from execution proceedings initiated by Mahindra and Mahindra Financial Services Ltd. (claimant) against Vishal S. Bagadia and another...

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Bombay High Court Dismisses Company's Challenge to SAFEMA Forfeiture Order for Property Linked to Narcotics Trafficking. Burden of Proof Under Section 7 SAFEMA Not Discharged by Claimant.

The petitioner, Imperial Exim (India) Pvt. Ltd., challenged an order dated 31 March 2011 passed by the Appellate Tribunal for Forfeited Property, New ...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Joint Family Property Character Upheld Despite Sale by Sole Surviving Coparcener. Adoption Does Not Convert Joint Family Property into Self-Acquired Property; Purchaser Fails to Prove Bonafide Purchase Without Notice.

The case involves a second appeal arising from a suit for partition filed by Respondent Nos.1 to 3 (original Plaintiffs) against Respondent No.4 (Sidh...

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Bombay High Court Dismisses Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Letters Patent Appeal against decree for possession and mesne profits dismissed as no substantial question of law or perversity found in concurrent findings of fact.

The present Letters Patent Appeal arises from a judgment and decree passed by a Single Judge of the Bombay High Court in First Appeal No. 133/1976, wh...

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Bombay High Court Quashes Criminal Proceedings Against Manager in Cheating Case Due to Lack of Specific Allegations. Complaint under Sections 406, 409, 420, 468, 471, 120B, 34 IPC Quashed as Abuse of Process Under Section 482 CrPC.

The applicant, Dinesh Kashiram Mange, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 before the Bombay High Co...