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Bombay High Court Allows Writ Petition Challenging Decree Under Section 6 of Specific Relief Act, 1963. Suit Under Section 6 Not Maintainable Against Person Claiming Lawful Title.

The petitioners, original defendants, challenged a decree dated 18th May 1998 passed in favour of the respondents-plaintiffs under Section 6 of the Sp...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Failure to Prove Motive. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt.

The appellant, Pramod Baban Sonawale, was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of his uncle Vinod Sonawale....

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act in Partnership Dispute — Status Quo Ordered on Firm Properties Pending Arbitration. Court records statements from parties not to alienate partnership properties, directing status quo to preserve subject matter of arbitration.

The petitioners, Taz Naval Nariman and Rukhsshana Meher Anklesaria, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation ...

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Bombay High Court Dismisses Decree Holders' Challenge to Executing Court's Order Permitting Objector to Lead Evidence in Execution Proceedings. Executing Court Has Discretion to Allow Oral Evidence Under Order 21 Rule 105 CPC When Objector Raises Substantial Questions Regarding Executability of Decree.

The petitioners, decree holders, filed two writ petitions challenging identical orders passed by the Court of Joint Civil Judge, Senior Division, Nagp...

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Bombay High Court Quashes FIR for Abetment to Suicide Against Son and Daughter-in-Law Due to Lack of Proximate Link. Allegations of Harassment for Property Partition and Execution of Will Did Not Constitute Abetment Under Section 306 IPC.

The applicants, Sunil Muneshwar Yadav and his wife Rashmi, filed an application under Section 482 CrPC seeking quashing of FIR No.561 of 2018 register...

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Bombay High Court Allows Tax Appeal in Family Settlement Capital Gains Case — Reopening Under Section 147/148 Invalid Due to Change of Opinion and Limitation. Consent Decree Approved by Civil Court Held to Be a Bona Fide Family Arrangement Not Attracting Capital Gains Tax.

The case involves a tax appeal by the Power of Attorney holder of Lorna Margaret Pinto, a Non-Resident Indian, against the Assistant Commissioner of I...

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Bombay High Court Upholds Acquittal in Dowry Harassment and Abetment of Suicide Case — Prosecution Fails to Prove Cruelty and Abetment Beyond Reasonable Doubt. Allegations of harassment and demand for money not corroborated by independent witnesses and dying declaration not reliable.

The State of Maharashtra appealed against the acquittal of six accused persons by the Vth Adhoc Additional Sessions Judge, Pune, for offences under Se...

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Bombay High Court Dismisses Appeal in Suit for Declaration and Injunction — Failure to Prove Title and Possession. Court upholds dismissal of suit for declaration of ownership and injunction based on insufficient evidence of title and possession under the Specific Relief Act, 1963.

The appellants, Noorjahan and others, filed a suit for declaration of ownership and permanent injunction against the respondents in respect of a prope...