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Bombay High Court Dismisses Revision Against Eviction Decree — Court Receiver Need Not Seek Separate Leave to Sue When Appointed with Full Powers Under Order 40 Rule 1(d) CPC. Notice Under Section 106 T.P. Act Demanding Immediate Possession Is Not Invalid If Suit Filed After Notice Period.

The plaintiff, the Court Receiver appointed by the High Court in Suit No.234 of 1987, was the receiver of the suit property 'Dev Ashish' at Peddar Roa...

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Bombay High Court Dismisses Landlord's Petitions in Leave and Licence Dispute, Upholds Finding of Tenancy. Agreement styled as 'conducting business' held to be a colourable document creating landlord-tenant relationship under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The dispute pertains to a suit property, a shed admeasuring 7 x 17 feet, owned by the respondent/landlord. The respondent claimed that by an agreement...

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High Court of Judicature at Bombay Reviews Conviction Under Section 302 IPC in Wife Murder Case. Appeal Challenges Conviction Relying on Circumstantial Evidence of Motive, Recovery, and Phone Calls.

The appellant, Rupesh Radhakisan Chaudhari, was convicted by the trial court for the murder of his wife, Jaishree, under Section 302 of the Indian Pen...

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Bombay High Court Upholds Acquittal in Dowry Harassment and Abetment of Suicide Case — Prosecution Fails to Prove Cruelty or Abetment Beyond Reasonable Doubt. Evidence of Ill-Treatment and Demand for Money Found Insufficient to Establish Offences Under Sections 498A and 306 IPC.

The State of Maharashtra appealed against the acquittal of three respondents (original accused) for offences under Sections 498A and 306 read with Sec...

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Bombay High Court Dismisses Testamentary Suit for Letters of Administration; Will Not Validly Executed Due to Suspicious Circumstances and Undue Influence. Holograph Will Dated 20 March 1980 Not Proved Under Section 69 of Indian Evidence Act, 1872; Propounder Failed to Remove Suspicious Circumstances.

The testamentary suit originated from a petition filed by the son of the deceased seeking Letters of Administration with the Will dated 20 March 1980....

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Bombay High Court Adjudicates Application for Enforcement of Scheme in Sanghi Motors (Bombay) Limited. Scheme formulated under Sections 397, 398, 402 of Companies Act, 1956 involves transfer of oxygen undertaking assets and cylinders.

The matter pertains to Company Application No.328 of 1990 arising out of Company Petition No.128 of 1985, filed before the High Court of Judicature at...

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Bombay High Court Dismisses Appeal in Probate Case, Holding Injunction Not Maintainable in Testamentary Proceedings. Executor Must Seek Property Protection Before Civil Court, Not in Probate Petition Under Indian Succession Act, 1925.

The appellant, Ramchandra Ganpatrao Hande, filed a testamentary petition seeking probate of a will allegedly executed by Sushila Vithalrao Hande on 2 ...

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Bombay High Court Dismisses Appeals Against Execution of Foreign Decree in Mistaken Credit Case. Foreign Judgment for Recovery of USD 5,00,000 Held Conclusive Under Section 13 CPC as Not Contrary to Public Policy.

The appeals arise from a suit filed by BNP Paribas (Switzerland) SA (the respondent bank) for execution of a foreign judgment passed by the District C...

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Bombay High Court Examines Challenge to Charge-Sheet Issued Under Rule 14 CCS (CCA) Rules Two Days Before Retirement. Department's 13-year delay in initiating proceedings and subsequent acquittal in criminal case on same facts raised questions of law.

The petitioner, a member of the Indian Revenue Service (Customs and Central Excise) recruited in 1979, was working as Additional Commissioner of Custo...