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Bombay High Court Upholds Conviction for Murder and Cruelty in Bride Burning Case — Dying Declaration Recorded by Police Constable Held Admissible. The court found the dying declaration reliable and corroborated, affirming life imprisonment under Section 302 IPC.

The appellant, Datta s/o Kisan Gaikwad, was convicted by the Additional Sessions Judge, Omerga in Sessions Case No. 23 of 2005 for the murder of his w...

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Bombay High Court Dismisses Bank's Petition Challenging DRAT Order Excluding Non-Debtor from DRT Jurisdiction. Claim for Conspiracy and Fraud Against a Person Who is Not a Debtor Does Not Fall Within the Definition of 'Debt' Under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

The petitioner, Punjab National Bank, filed a writ petition challenging the order of the Debt Recovery Appellate Tribunal (DRAT) which allowed the app...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Frustrated by Non-Approval of Layout Plan. Court holds that time was not of the essence and that the purchaser was ready and willing to perform.

The appellant, M/s. Bagadia Builders & Developers, a proprietary concern through its proprietor Shravankumar Purushottam Bagadia, entered into an agre...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Ganesh Radhesham Sharma, was convicted under Section 302 of the Indian Penal Code for the murder of his wife. The trial court sentenced...

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Bombay High Court Dismisses Second Appeal in Co-owner Possession Suit — Maintainability Upheld Despite Non-joinder of Other Co-owners. Gift Deed of 1930 Presumed Valid Under Section 90 of Indian Evidence Act, 1872 as 30-Year-Old Document.

The case involves a second appeal arising from a suit for possession filed by the respondent (original plaintiff) against the appellants (defendants) ...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Derivative Transaction Case. Exchange Traded Derivatives Held Not Speculative Under Section 43(5) of Income Tax Act, 1961, with Retrospective Application of Clause (d) of Proviso.

The case involves an appeal by the Commissioner of Income-tax, Central-IV against the order of the Income Tax Appellate Tribunal (ITAT) in favor of th...

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Bombay High Court Dismisses Suit Against Co-operative Society for Lack of Notice Under Section 164 of Maharashtra Co-operative Societies Act, 1960. Court Holds That Civil Suit Is Barred by Sections 91 and 163 of the Act as Disputes Relate to Society's Internal Management.

The plaintiffs, B.Y. Chavan and another, filed a suit against the Association of Tenants of the Bombay Catholic Housing Society and others, seeking re...