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Bombay High Court Allows Return of Seized Vehicle in Theft Case Under Section 457 CrPC — Vehicle Not Required for Investigation and No Other Claimant Appears. The court held that property seized under Section 102 CrPC can be returned under Section 457 CrPC, and the petitioner being the registered owner is entitled to interim custody....

The petitioner, Amol Ramhari Waje, filed a Criminal Writ Petition before the Bombay High Court (Aurangabad Bench) challenging the orders of the Magistrate and the Additional Sessions Judge rejecting h...

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Bombay High Court Quashes Criminal Proceedings in Motor Accident Claim Fraud Case Due to Lack of Prima Facie Case Under Sections 420, 467, 468, 471 IPC. Filing a false claim petition without creating false documents or dishonest inducement does not attract forgery or cheating offences under the Indian Penal Code, 1860....

The petitioner, Bhagwan Sudam Tathe, filed a Criminal Writ Petition before the Bombay High Court at Aurangabad seeking quashing of FIR No. 1 of 2018 registered at Police Station Mondha, Parbhani for o...

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High Court of Karnataka Dismisses Appeal in Suit for Permanent Injunction — Concurrent Findings of Fact Not Interfered With. Court holds that findings of fact recorded by courts below based on evidence cannot be disturbed in appeal under Section 96 CPC unless perverse or contrary to material on record....

The case involves a Regular First Appeal filed by the defendants (appellants) against the judgment and decree dated 30.09.2010 passed by the Senior Civil Judge, Basavana Bagewadi, in R.A. No. 14/2009,...

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High Court of Karnataka Upholds Plaintiff's Ownership in Inheritance Dispute — Adoption Law Clarified. The court confirmed that the plaintiff, as the biological child of the deceased, is entitled to inherit properties from the adoptive family, severing ties with the genetic family....

The case involved a dispute over the inheritance of certain properties following the death of Nanagouda, who had been adopted into the family of Bheemanagouda Patil. The plaintiff, Kashibai, claimed o...

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Bombay High Court Acquits Accused in Hotel Murder Case Due to Lack of Direct Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC for murder of a woman in a hotel room set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Rupesh Tidke, was convicted under Section 302 of the Indian Penal Code for the murder of a woman in a hotel room. The prosecution's case was based on circumstantial evidence, primarily ...

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Bombay High Court Dismisses Petition Challenging Recovery of Excess Salary Paid to Employees Due to Wrong Fixation of Pay Scales. The Court held that recovery is permissible when the employee had knowledge of the error or when the mistake is a continuing wrong, and the principle of no recovery does not apply in such cases....

The petitioners, 13 employees of Thane Municipal Corporation, filed a writ petition challenging the Corporation's decision to recover excess salary paid to them due to wrong fixation of pay scales. Th...

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High Court of Karnataka Quashes Order for Further Investigation Under Section 173(8) Cr.P.C. — Lack of Notice to Complainant Violates Principles of Natural Justice. The Court Held That an Order Passed Behind the Back of the Complainant Without Affording an Opportunity of Hearing Is Unsustainable and Directed Reconsideration After Hearing All Parties....

The petitioner, M. Rubin Britto, through his GPA holder, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr...

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High Court of Karnataka Quashes Order for Further Investigation Under Section 173(8) Cr.P.C. in SC/ST Case — Petitioner Not Given Opportunity of Hearing. Order directing further investigation set aside as it was passed without notice to the accused, violating principles of natural justice....

The petitioner, M. Rubin Britto, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), seeking to quash...

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High Court Upholds Acquittal in Negotiable Instruments Act Case Due to Failure to Prove Legal Enforceability of Debt. The Court Found That Presumption Under Section 139 Did Not Extend to Legal Liability as Complainant Could Not Prove Partnership Profits Through Profit and Loss Account or Balance Sheet....

This was a criminal appeal filed by the complainant under Section 138 of the Negotiable Instruments Act, 1881 against the judgment of acquittal passed by the trial court. The complainant and the accus...