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Bombay High Court Dismisses Petition to Recast Issues in Partition Suit — No Error in Trial Court's Refusal to Frame Additional Issues After Evidence Commenced. The court held that the application for recasting issues was belated and lacked justification under Order 14 Rule 5 CPC....

The case arises from a partition suit filed by Lalasaheb Dattoba Pawar (Respondent No. 1) against several defendants, including Balasaheb Dattoba Pawar (since deceased, through his legal representativ...

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Bombay High Court Allows Appeal of Labourer with Amputated Leg in Employees Compensation Case — Loss of Earning Capacity Assessed at 100% Despite 75% Physical Disability. Amputation of Leg for Manual Labourer Constitutes Total Loss of Earning Capacity Under Section 4 and Schedule I of Employees' Compensation Act, 1923....

The appellant, Ashok Raybhan Kashide, was a labourer working on a tempo owned by respondent No. 1. On 04.04.2012, while unloading granite sheets, a sheet fell on his right leg, causing a crush injury ...

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WRIT PETITION NO.4200 OF 2014...

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Bombay High Court Allows Liquidator's Challenge to Execution Proceedings, Dismisses Borrowers' Challenge to Recovery Certificate in Cooperative Society Dispute. The court held that the Civil Court has no jurisdiction to execute a recovery certificate under the Maharashtra Cooperative Societies Act, 1960, and the borrowers' remedy lies under Section 103 of the Act....

The judgment involves two writ petitions arising from the same background concerning a cooperative society, 'Aamdar Balasaheb Thorat' Nagari Sahakari Pat Sanstha Ltd. The first writ petition (No. 1417...

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High Court of Karnataka Dismisses Revenue's Appeal in Customs Broker License Suspension Case — Prohibition Orders Set Aside for Violation of Natural Justice. CESTAT's Order Restoring Customs Broker License Upheld as Show Cause Notice and Hearing Were Not Provided Before Issuing Prohibition Orders Under Section 108 of Customs Act, 1962....

The Commissioner of Customs, Bangalore Division, filed an appeal under Section 130 of the Customs Act, 1962, challenging the Final Order No.A/20356/2020 dated 05.06.2020 passed by the Customs, Excise ...

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Bombay High Court Acquits Appellants in Murder Case Due to Unlawful Assembly Not Proved and Doubtful Identification. The court held that the prosecution failed to prove common object under Section 149 IPC and identification of accused was unreliable, leading to acquittal....

The case involves an appeal by five appellants against their conviction by the Sessions Judge, Amravati, for offences including murder under Section 302 read with Section 149 IPC, voluntarily causing ...

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Bombay High Court Allows Petitioners' Challenge to Invalid Caste Certificates for Thakur-Scheduled Tribe. Scrutiny Committee's Rejection of Pre-Constitution Documents and Prior Family Precedents Was Unsustainable....

The Petitioners, Rushikesh Madhukar Chavan (a minor through his father) and Anita Sanjay Chavan, challenged orders dated 30.12.2020 and 18.11.2020 passed by the Scheduled Tribes Caste Certificate Scru...

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Bombay High Court Upholds Life Imprisonment for Husband in Murder Case — Conviction Under Section 302 IPC Confirmed Based on Eye-Witness Testimony and Medical Evidence. The court found that the prosecution proved the appellant's guilt beyond reasonable doubt for the murder of his wife by inflicting multiple blows with an iron tocha....

The appellant, Sunil Ramchandra Khobragade, was convicted by the Additional Sessions Judge, Warora, for the murder of his wife Nirasha under Section 302 IPC and for causing hurt to Rahul under Section...

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Bombay High Court Allows Writ Petition for De-reservation of Land Under MRTP Act — Failure to Acquire Within Ten Years. Petitioners entitled to de-reservation of land reserved for public purpose as acquisition proceedings were not completed within the statutory period under Section 127 of the Maharashtra Regional and Town Planning Act, 1966....

The petitioners, legal heirs of the original owner Madhavrao Bhagwatrao Rajebahadur, filed a writ petition under Article 226 of the Constitution of India seeking a direction to delete and de-reserve t...

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Bombay High Court Allows Petition of Directly Elected Sarpanch Challenging No-Confidence Motion — Motion by Gram Sabha Invalid Under Section 35 of Maharashtra Village Panchayats Act, 1958. Directly Elected Sarpanch Under Section 30A-1A Cannot Be Removed by Gram Sabha; Only Voters Who Elected Him Can Pass No-Confidence Motion....

The petitioner, Amol Pandurang Godbole, was directly elected as Sarpanch of Village Panchayat Balirampur in the 2017 general election, a post reserved for Scheduled Caste, under the newly introduced S...