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Bombay High Court Allows Second Appeal in Land Encroachment Case — Measurement Map Not Proved as Per Law. Court holds that mere production of measurement map without examining the surveyor or proving its preparation in accordance with the Maharashtra Land Revenue Code, 1966 is insufficient to establish encroachment....

The case involves a dispute over land encroachment between the plaintiff-respondent (Deolal) and the defendant-appellants (Ukarda and his legal representatives). The plaintiff filed a suit (R.C.S. No....

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Bombay High Court Allows Informant's Petition for Copy of 'C' Summary Report to File Protest Petition. Right to Fair Hearing Under Article 21 Includes Right to Obtain Police Report to Challenge Closure of Complaint....

The petitioner, Mr. Dilranjan Bhatt, filed a writ petition before the Bombay High Court seeking a direction to the learned Magistrate to direct the police to provide a copy of the 'C' summary report f...

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High Court of Bombay Dismisses Second Appeal and Upholds First Appellate Court’s Decree for Specific Performance in Property Sale Agreement. Failure to Appoint Guardian-ad-Litem for Minor Defendant and Non-Challenge to Subsequent Sale Deeds Are Key Issues Under Section 100 CPC....

The Second Appeal arose from a suit for specific performance of an agreement to sell immovable property. The plaintiff (respondent no.1) claimed that defendant nos.1 and 2, owners of the suit property...

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Bombay High Court Dismisses Petition Challenging Arbitral Award as Time-Barred Under Section 34(3) of Arbitration and Conciliation Act, 1996. Application for Correction of Clerical Error Does Not Extend Limitation Period for Challenging Award....

The petitioners, Dr. Writer's Food Products Pvt. Ltd. and two individuals, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 4th June...

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High Court of Karnataka Grants Bail to Accused in Rape Case Due to Consensual Relationship and Delay in FIR. The court held that the relationship appeared consensual and the delay in filing FIR raised doubts, entitling the accused to bail under Section 439 Cr.P.C....

The petitioner, Narasappa, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in C.C. No. 1362/2019 arising from Gangavathi Town Police Station C...

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High Court of Karnataka Grants Bail to Accused in Rape Case Due to Consensual Relationship and Delay in FIR. Relationship of Two Years and Unreasonable Delay in Filing FIR Indicate Consent, Not Rape Under Section 376 IPC....

The petitioner, Narasappa, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in C.C. No. 1362/2019 arising from Gangavathi Town Police Station C...

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High Court of Karnataka Allows Appeal by Union of India in Postal Life Insurance Claim Dispute — Policy Lapsed Due to Non-Payment of Premiums Before Death. The plaintiff failed to prove that the policy was in force at the time of the insured's death, as required under the Postal Life Insurance Rules....

The respondent, Smt. B.M. Uma, filed a suit for recovery of Rs.60,000/- with interest against the Union of India and the Chief Post Master General, claiming the sum assured under a Postal Life Insuran...

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High Court of Karnataka Examines Ineligibility of Retired CPWD Officers as Arbitrators under Section 12(5) of Arbitration Act. Appointment of Retired Additional Director General of CPWD as Arbitrator Without Contractor's Consent Violates Seventh Schedule and Mandates Express Agreement Post-Dispute....

The petitioner, a construction company, entered into six separate agreements with the Central Public Works Department (CPWD) for various construction works at NITK campus, Surathkal, between 2014-15. ...

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High Court of Karnataka Disposes Four Civil Miscellaneous Petitions Filed Under Sections 11(6) and 12 of the Arbitration and Conciliation Act, 1996 Seeking Appointment of Substitute Arbitrator. Petitioners Contended That Arbitrators Appointed by CPWD Were Ineligible Under Section 12(5) for Want of Mandatory Consent....

The petitioners, M/s. Sri Krishna Shelters Pvt. Ltd., were awarded six construction contracts by the Central Public Works Department (CPWD) for works at NITK Surathkal in the years 2014-15. These work...