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Bombay High Court Dismisses Petition Challenging Up-Sarpanch Election in Gram Panchayat Dispute — No Disqualification Under Section 14(1)(j-3) of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 for Failure to Pay Tax When No Tax Was Imposed....

The case involves a dispute regarding the election of the Up-Sarpanch of Gram Panchayat Sukli, District Akola. The petitioners, who are members of the Gram Panchayat, challenged the election of respon...

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Bombay High Court Dismisses Petition Challenging Addition of Party in Electricity Dues Suit. Addition of Petitioner as Defendant No.2 Upheld Under Order I Rule 10 CPC to Avoid Multiplicity of Proceedings and Effectuate Decree....

The petitioner, M/s Manidhari Air Products, challenged an order of the trial court allowing an application under Order I Rule 10 read with Section 151 CPC filed by respondent no.1 (Maharashtra State E...

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Bombay High Court Allows School Management's Petition Against School Tribunal Order in Service Dispute. Caste Validity Challenge by Management Not Barred by Limitation Under Section 9 of MEPS Act, 1977....

The petitioners, Maharashtra Vidya Prasarak Mandal Khamgaon and the Head Master of Maharashtra Vidyalaya, Janori, filed a writ petition challenging the order of the School Tribunal, which dismissed th...

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High Court of Bombay at Goa Allows Writ Petition Challenging Review Order of Appellate Board Under Rent Act — Appellate Board Has No Power to Review Its Own Judgment. Review of Eviction Order Under Section 32(4) of Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 Set Aside as Without Jurisdiction....

The case arises from a landlord-tenant dispute under the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968. The respondent, Luis Sales de Andrade e Souza, is the landlord of premises let out ...

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Bombay High Court Allows Admission of Documents in Partition Suit — Secondary Evidence Permitted Under Section 65 of Indian Evidence Act, 1872. Documents Held Admissible as Certified Copies of Public Records or Where Plaintiff Failed to Produce Originals After Notice....

The suit was filed by Indira Rajguru against her brothers and sister for partition and declaration of rights in respect of properties. The matter came up for consideration of admissibility of document...

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Bombay High Court Upholds Prisoner’s Right to Consideration of Remission and Directs Fresh Judicial Appraisal. Denial of Remission Based on Nature of Offence Without Examining Government Circular Exceptions Held Improper....

The matter arose from a criminal writ petition filed by a prisoner seeking remission under a Government Circular dated 3 June 2017, as amended, which provided for three months’ remission to prisoner...

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Bombay High Court Dismisses Appeal as Abated Due to Death of Appellant in Corruption Case. Appeal Against Conviction Under Prevention of Corruption Act Abates as Sentence of Imprisonment Cannot Be Executed After Death Under Section 394 CrPC....

The appellant, Vijay Parvatrao Salunkhe, a police constable, was convicted by the trial court for offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 19...

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Bombay High Court Clarifies Scope of Hearing at Admission Stage of Victim's Appeal Under Proviso to Section 372 Cr.P.C. — No Leave Required, Summary Dismissal Permissible After Hearing. The court held that the appeal by a victim against acquittal is a matter of right and the procedure under Section 384 Cr.P.C. applies, allowing summary dismissal after hearing....

The Bombay High Court addressed the scope of hearing at the admission stage of an appeal filed by a victim under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The appli...

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Bombay High Court Sets Aside Decree for Eviction in Rent Control Case Due to Lack of Finding on Exclusive Possession. Appellate Court Failed to Record Essential Ingredient of Subletting Under Section 13(1)(e) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, Warranting Remand....

The writ petition under Article 227 of the Constitution arose from an eviction suit filed by the landlord (respondent) against the defendants (petitioners) under the Bombay Rents, Hotel and Lodging Ho...