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Bombay High Court Quashes Scrutiny Committee Order Invalidating Caste Claim of 'Mana' Scheduled Tribe Student. Affidavit of Tribal Elders and Consistent School Records Held Sufficient to Establish Caste Validity Under Maharashtra Act No. XXIII of 2001....

The petitioner, Ku. Seema Mukunda Nannaware, a student pursuing MBBS at Indira Gandhi Medical College and Hospital, Nagpur, challenged the order dated 11.06.2014 passed by the Scheduled Tribe Certific...

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Bombay High Court Dismisses Petition Challenging Caste Scrutiny Committee Constitution — Joint Commissioner as Chairman Valid Under Madhuri Patil Directions. Court Held That Supreme Court Directions Were Directory, Not Mandatory, and Committee Constitution Was Valid Under Section 6(1) of Maharashtra Act XXIII of 2001....

The petitioner, Kishore Barapatre, filed a writ petition challenging the constitutional validity of Section 6(1) of the Maharashtra Scheduled Castes and Scheduled Tribes (Regulation of Issuance and Ve...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — No Evidence of Cruelty or Abetment of Suicide. Presumption under Section 113A of Indian Evidence Act, 1872 not applicable as suicide occurred beyond seven years of marriage....

The State of Maharashtra appealed against the acquittal of four respondents (husband, father-in-law, mother-in-law, and brother-in-law of the deceased) for offences under Sections 498A (cruelty) and 3...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder and Robbery Case Due to Unreliable Circumstantial Evidence. Chain of Circumstances Not Complete to Prove Guilt Beyond Reasonable Doubt Under Sections 302 and 392 read with Section 34 of IPC....

The State of Maharashtra appealed against the judgment of the 2nd Additional Sessions Judge, Sawantwadi dated 24 January 1997 acquitting the respondents (original accused) of offences under Sections 3...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Remands for Fresh Consideration on Limitation. The appellate court's dismissal of suit as barred by limitation was set aside as it failed to consider the plaintiff's case that refusal occurred on 30 March 1972, not 31 March 1972....

The case involves a second appeal filed by the original plaintiff (now represented by legal heirs) against the judgment of the District Court, Solapur, which dismissed the plaintiff's suit for specifi...

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Bombay High Court Dismisses Writ Petition Challenging Appointment of Court Commissioner in Execution of Partition Decree. Executing Court's Order to Appoint Commissioner to Propose Mode of Execution Upheld as Not Final and Subject to Objections....

The petitioner, Pramod Dattatraya Kand, the judgment debtor, challenged an order dated 07.09.2019 passed by the Executing Court in Final Decree Application No.3 of 2014. The respondent, Sow. Sudha Kri...

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Karnataka High Court Considers Validity of Sanction for Prosecution in Discharge Petitions Filed by Accused Including a Cabinet Minister Under the Income Tax Act. Principal Question Examined: Whether the Principal Director of Income Tax is Competent to Grant Sanction Under Section 279 of the Income Tax Act, 1961....

The matter pertained to three criminal revision petitions filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, by accused persons – Sri D.K. Shivakumar (accused No....

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High Court of Karnataka Dismisses Revision Petition in Cheque Bounce Case — Conviction Under Section 138 of Negotiable Instruments Act, 1881 Upheld. Presumption of Legally Enforceable Debt Under Section 139 NI Act Not Rebutted by Accused....

The petitioners, accused Nos.1 and 2, were convicted by the LVII Additional Chief Metropolitan Magistrate, Mayo Hall unit, Bengaluru in C.C.No.53439/2015 for the offence under Section 138 of the Negot...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession of Joint Family Property. The court held that the plaintiff failed to prove that the suit property was joint family property and that the defendant had established her claim of exclusive ownership through prior partition and settlement....

The case involves a partition suit filed by Smt. Phulavati against her husband's relatives, claiming that the suit property was joint family property and seeking partition and separate possession. The...

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High Court of Karnataka Sets Aside Discharge of Accused in Rape and Cheating Case — Prima Facie Case Made Out for Trial. The Sessions Court erred by conducting a mini-trial at the stage of Section 227 CrPC and discharging the accused for offences under Sections 376 and 420/417 IPC based on allegations of false promise of marriage....

The State of Karnataka, through the Mico Layout Police Station, filed a criminal revision petition under Sections 397 read with 401 CrPC challenging the order dated 11.10.2017 passed by the 53rd Addit...