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Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

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Bombay High Court Upholds Conviction of Father for Raping Minor Daughter Under POCSO Act. Life imprisonment confirmed for aggravated penetrative sexual assault under Section 6 POCSO Act, but conviction under Section 376d IPC set aside for lack of evidence of gang rape.

The appellant, Mohd. Zakir Habib Khan, was convicted by the Special Court under the POCSO Act for sexually abusing his own daughter from the time she ...

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Bombay High Court Allows Habeas Corpus Petition for Return of Minor Child to Netherlands. Dutch Mother's Custody Rights Upheld; Child's Habitual Residence Determined as Netherlands.

The petitioner, a Dutch national, filed a habeas corpus petition seeking the return of her minor daughter 'N' from the respondent father and his famil...

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WRIT PETITION NO. 1897 OF 2012

Background: The petitioner, a Legal Advisor employed by Aurangabad Municipal Corporation, alleged that the Municipal Commissioner, Respondent No.4, ha...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Cruelty and Abetment. Conviction under Sections 498-A and 306 IPC set aside as prosecution failed to prove demand of dowry or instigation to commit suicide.

The case involves two appeals: Criminal Appeal No. 651 of 1990 filed by the accused (appellants) against their conviction under Sections 498-A and 306...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Possession and Mesne Profits — Landlord-Tenant Relationship Established Through Rent Receipts and Admission.

The petitioner, Smt. Kausalyabai Kisan Chavan, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and decre...

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Bombay High Court Allows Co-operative Society's Writ Petitions Against Unauthorized Construction by Members. Dispute Between Society and Member Regarding Unauthorized Construction and Possession is Barred from Civil Court Under Section 91 of Maharashtra Co-operative Societies Act, 1960.

The petitioner, The Manglorian Garden Homes Co-operative Housing Society Limited, filed three writ petitions challenging the orders of the Civil Judge...

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Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in Jharkhand Police Case. Division Bench Erred in Reappreciating Evidence in Departmental Enquiry Where Charges of Fraud and Unauthorised Absence Were Proved on Preponderance of Probabilities.

The present appeal arises from a judgment of the Division Bench of the High Court of Jharkhand at Ranchi, which allowed the Letters Patent Appeal file...