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High Court of Karnataka Dismisses Appeal in Property Declaration Suit — Failure to Prove Title and Possession. Suit for declaration of title and injunction dismissed as plaintiff failed to establish ownership and possession over suit property; appellate court affirms trial court's findings on lack of evidence....

The appellant, Sri N. Krishnamurthy, filed a suit for declaration of title and permanent injunction in respect of suit property against the Corporation of City of Bengaluru and private respondents. Th...

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Bombay High Court Allows Appeal by Owner in Motor Accident Claim — Insurance Company Liable Despite Invalid Driving Licence Due to Lack of Owner's Knowledge. Employer Not Required to Verify Licence Validity for Transport Vehicle When Driver Produced Licence....

The appeal arises from a judgment of the Motor Accident Claims Tribunal (MACT), Chandrapur, in Motor Accident Claims Petition No. 120/2006. The deceased, Kashinath Dandekar, a 37-year-old Police Const...

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Bombay High Court Allows Appeal Under Section 378(4) CrPC in Section 138 NI Act Case - Appeal Against Acquittal in Private Complaint Lies Under Section 378(4) CrPC, Not Proviso to Section 372 CrPC...

The case involved a reference to a larger bench to resolve a conflict regarding the maintainability of an appeal against acquittal in a prosecution under Section 138 of the Negotiable Instruments Act,...

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Bombay High Court Dismisses Petition Seeking Transfer of Investigation in Criminal Writ Petition — No Grounds Made Out for CBI or SIT Investigation. Court held that mere allegations of perfunctory investigation without material evidence do not warrant transfer of investigation to another agency under Article 226 of the Constitution of India....

The petitioner, Kishore Kakumal Keswani, filed a criminal writ petition under Article 226 of the Constitution of India seeking transfer of investigation of FIR No.79/16 registered at Anjuna Police Sta...

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Bombay High Court Allows Writ Petition Under Article 227 Challenging MRT's Composite Order — Holds Simultaneous Condonation of Delay and Decision on Merits Impermissible. The MRT's order condoning delay and allowing revision in a tenancy restoration case was set aside for procedural irregularity and the matter remitted for fresh consideration....

The writ petition under Article 227 of the Constitution of India challenged an order of the Maharashtra Revenue Tribunal (MRT) which had allowed a revision and set aside an eviction order in a tenancy...

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High Court of Bombay Allows Discharge of Accused Director in Cheque Dishonour Case — Resignation Prior to Cheque Issuance Absolves Liability Under Section 138 of Negotiable Instruments Act, 1881. The court held that a director who resigned before the cheques were issued cannot be held vicariously liable under Section 141 of the Negotiable Instruments Act, 1881....

The applicant, Ramesh Pahulraj Makhija, was original accused No.6 in Criminal Complaint No.538 of 2003 filed by Respondent No.2 under Section 138 of the Negotiable Instruments Act, 1881. The applicant...

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Bombay High Court Dismisses Petition Challenging Director's Evidence in Specific Performance Suit — Order 18 Rule 3A CPC Does Not Apply to Company Director. Director of Plaintiff-Company Can Be Examined After Constituted Attorney Without Prior Permission Under Order 18 Rule 3A CPC....

The petitioners, defendants in a suit for specific performance of a contract based on email exchanges, challenged the trial court's order allowing the plaintiff-company to file an evidence affidavit o...

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Bombay High Court Allows Landlord's Petition in Tenancy Dispute — MRT Order Set Aside for Violation of Natural Justice. Restoration of Possession Cannot Be Ordered Without Hearing the Landlord Under Section 84 of Bombay Tenancy and Agricultural Lands Act, 1948....

The petitioners, Kacharu B. Ambekar and others, are the successors-in-interest of the original landlord of agricultural lands bearing Gat No.333 (47 Ares) and Gat No.323 (70 Ares) situated at village ...

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Bombay High Court Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion — Concurrent Findings of No Cruelty or Desertion Upheld. Husband Failed to Prove Wife's Conduct Amounted to Cruelty or Desertion Under Section 13 of Hindu Marriage Act, 1955....

The appellant-husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 seeking divorce on grounds of cruelty and desertion. The parties married on 29-04-2002. On 12-04-2003, the wife ...

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High Court of Karnataka Quashes Rejection of Stone Crusher Licence Renewal Due to Erroneous Licence Period. Application for renewal filed within time when licence period is correctly computed under Section 5 of the Karnataka Regulation of Stone Crushers Act, 2011....

The petitioner, M/S Apex Crusshers, a partnership firm engaged in stone crushing, was granted a licence under Section 3 of the Karnataka Regulation of Stone Crushers Act, 2011. The licence, annexed as...