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Supreme Court Quashes Criminal Prosecution Under Sections 420 and 471 IPC Following Settlement of Loan Account Approved by Debts Recovery Tribunal — Criminal proceedings cannot continue after compromise of civil debt where no element of cheating from inception exists.

The case involves an appeal by Vijay Kumar Kela and his proprietary firm against an order of the Chhattisgarh High Court refusing to quash criminal pr...

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Bombay High Court Dismisses Suit for Specific Performance Due to Non-Compliance with Order VI Rule 17 CPC and Lack of Pleading Readiness and Willingness. Plaintiff failed to amend plaint to incorporate essential facts regarding readiness and willingness to perform contract, leading to dismissal of suit.

The plaintiff, Neeta Sawant, filed a suit for specific performance of an Agreement for Sale dated 30th September 2016, by which the defendants agreed ...

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Bombay High Court Allows Appeals by Tenant Defendants in Possession Suit, Sets Aside Injunction. Court holds that tenants in possession cannot be injuncted without a decree for possession, and a suit for injunction simpliciter is maintainable against a landlord.

The case involves two appeals arising from a common order of the Learned Single Judge dated 6th September 2021. The Appellant in Appeal No.551 of 2019...

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Supreme Court Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

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Bombay High Court Dismisses Petition for Revocation of Probate in Indian Succession Act Case Due to Lack of Caveatable Interest and Proof of Adoption. Allegations of Fraud and Non-Service of Citation on Heirs Fail as Petitioner Fails to Establish Locus Standi and Execution of Will is Upheld.

The Bombay High Court heard a miscellaneous petition filed by the nephew of a deceased woman seeking revocation of a probate granted in favor of the r...

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High Court of Judicature at Bombay Dismisses Testamentary Suit Seeking Probate of Will Due to Forgery and Undue Influence. The Court Held That the Propounders Failed to Prove Due Execution and Testamentary Capacity, and That the Earlier Charitable Will Remained Unrevoked.

This testamentary suit arose from a petition for probate of the alleged last will of Jimmy Keki Tarachand, dated 27 December 2004. The original plaint...

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Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

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Bombay High Court Dismisses Petitions Challenging One-Man Commission Report on Freedom Fighter Pension Claims — No Violation of Natural Justice Found. Petitioners failed to establish bias or procedural irregularity in the Commission's inquiry under the Freedom Fighters' Pension Scheme.

The judgment concerns three writ petitions filed by Anandrao Sahebrao Thosar, Dadarao Sonaji Bhopale, and Vitthal Nivrutti Misal, all aged around 77-7...

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Company Appeal (AT) (Insolvency) No. 1422 of 2024

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