High Court

Scroll Down To Discover

Sort by:

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Writ Petition Challenging Execution of Preliminary Decree in Partition Suit — Execution of Preliminary Decree Without Final Decree Held Non Est. The court held that only a final decree is executable under Order 20 Rule 18 CPC, and execution of a preliminary decree is a nullity....

The petitioners, who were defendants in a partition suit, filed a writ petition challenging orders passed by the Joint Civil Judge, Senior Division, Sangamner, in execution proceedings (Darkhast No.64...

© Image Copyrights Juris Services & Technology

Bombay High Court Grants Interim Relief to Buyer in Scrap Sale Contract Dispute Under Section 9 of Arbitration Act. Court Restrains Seller from Selling Scrap to Third Parties Pending Arbitration, Holding Prima Facie Case and Balance of Convenience in Favor of Buyer....

The petitioner, Chetan Iron LLP, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim measures pending arbitration against the respondent, NRC Ltd. The dispu...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Failure to Disclose Material Facts. Reassessment After Four Years Invalid as Assessee Had Made Full Disclosure During Original Assessment Under Section 143(3)....

The petitioner, Glaxosmithkline Pharmaceuticals Ltd., challenged a notice dated 28 March 2019 issued under Section 148 of the Income Tax Act, 1961 for the assessment year 2012-2013, and an order dated...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Teacher's Petition in Departmental Inquiry Case Due to Violation of Natural Justice. Termination Order Set Aside as Inquiry Committee Failed to Provide Documents and Cross-Examination Opportunity....

The petitioner, Sudev Nagnath Kamble, was an Assistant Teacher appointed by the Management (Ahilyabai Holkar Shikshan Prasark Mandal) on 25-06-2004. On 15-01-2013, he was issued a show-cause notice co...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Dismisses Appeal Seeking Declaration of Validity of Second Marriage in Hindu Marriage Act Case — Second Marriage Void Ab Initio Despite Subsequent Dissolution of First Marriage. Marriage contracted during subsistence of first marriage in violation of Section 5(i) of Hindu Marriage Act, 1955 cannot be validated by subsequent divorce decree....

The appellant, Smt. Lakshmi, filed a suit before the Principal Judge, Family Court, Ballari, seeking a declaration that her marriage with the respondent, Sri K. Mallikarjuna, solemnized on 26.9.2013, ...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Grants Anticipatory Bail to Accused in Wildlife Offence Case — Petitioner Allegedly Involved in Killing of Spotted Deer Under Wild Life (Protection) Act, 1972. Court Held That Anticipatory Bail Cannot Be Granted as a Matter of Routine and Must Be Considered on Merits, But Found No Prima Facie Case for Custodial Interrogation....

The petitioner, Ramesh, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in connection with FOC No.51/2020-21 (Case No.05/2020-21...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Tender Process for Unilateral Reduction of Upset Price in Co-operative Bank Property Sale. Tender Authority Cannot Reduce Upset Price After Issuance of Tender Notice Without Fresh Tender Process....

The case involves two writ petitions challenging the decision of the Buldhana District Co-operative Agricultural Rural Multipurpose Development Bank Ltd. (the Bank), a society registered under the Mah...

© Image Copyrights Juris Services & Technology

High Court of Judicature at Bombay, Nagpur Bench Hears Second Appeals Challenging Public Auction Order in Partition Suit. Court Frames Substantial Questions on Validity of Sale Before Final Decree Under Order 21 CPC and Section 2 of Partition Act, 1893....

The litigation arose from a suit for partition, Special Civil Suit No.29/1996, filed by Anantrai Ramashankar Upadhyay, which was decreed on 13 October 2003, declaring one-fifth share each to the plain...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Plaintiff's Second Appeal in Possession Suit — Part Performance Protection Under Section 53-A of Transfer of Property Act, 1882 Denied to Purchasers for Failure to Show Readiness and Willingness. Agreement for Sale Held Unenforceable Due to Non-Compliance with Income Tax Act, Making Performance Impossible....

The plaintiff, owner of the suit property, filed a suit for recovery of possession against the defendants who were purchasers in possession under an agreement for sale. The trial court decreed the sui...