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Bombay High Court Acquits Appellants in Dacoity Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Sections 395 and 397 IPC set aside as sole identification by injured witness was not credible and recovery of stolen property was not proved beyond reasonable doubt....

The case pertains to an incident of dacoity that occurred on 3 November 2008 when Madhukar Palankar, the father of the informant Shailesh Palankar, was returning home with Dattanand Vernekar after ope...

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High Court Dismisses Challenge to NSE Appellate Arbitral Award in Stock Broker Dispute — Upholds Squaring Off of Client's Position Due to Margin Shortfall. Regulation 3.10 of NSE F&O Regulations Does Not Mandate Prior Written Notice Before Squaring Off; Award Based on Evidence....

The Petitioner, M/s Shaunik Infotech Pvt Ltd, was a registered client of the Respondent, India Infoline Ltd, a trading member of the National Stock Exchange (NSE). They entered into a broker-client ag...

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Bombay High Court Allows ONGC to Complete Contract Work of Wound-Up Company to Protect Bank Guarantees and Public Interest. The court held that the Official Liquidator can permit completion of a contract awarded to a company in liquidation where substantial work is done, to protect public interest and avoid loss to guarantor banks....

The case involves an appeal by Oil and Natural Gas Corporation (ONGC) against an order of the Company Judge in the winding up proceedings of GOL Offshore Ltd. GOL Offshore had been awarded a contract ...

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Bombay High Court Sets Aside Striking of Defence in Maintenance Default Case — Petitioner Granted Four Weeks to Pay Arrears. The court held that the order striking out defence under Order 39 Rule 11 CPC is discretionary and can be set aside upon the petitioner's undertaking to pay arrears within a specified period....

The petitioner, Evelyn Pacifico Gonsalves, challenged an order dated 26 September 2018 passed by the learned Family Court at Mumbai, which struck out her defence under Order 39 Rule 11 of the Code of ...

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Bombay High Court Quashes Blacklisting of Contractor Without Hearing in SEZ Contract Dispute. Blacklisting Order Set Aside as Violative of Natural Justice Principles Under Raghunath Thakur Precedent....

The petitioner, Nawab Ali Khan, a contractor providing services to the Special Economic Zone Authority (respondent no.2), was blacklisted for one year by an order dated 21st September 2017. The blackl...

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Bombay High Court Allows Appeals in Suit for Declaration and Injunction — Finds Plaintiff Failed to Prove Title and Possession. Concurrent findings of trial court reversed as plaintiff's claim of ancestral property and possession was not established by evidence....

The case involves two first appeals arising from a common judgment and decree dated 17-02-2016 passed by the Civil Judge, Senior Division, Kopargaon in Special Civil Suit No. 27 of 2012. The plaintiff...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement Order for Orally Terminated Employee. Oral Termination Without Departmental Inquiry Held Illegal Under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The petitioner, Uddeshwar Shikshan Prasarak Sanstha and its Head Master, challenged the judgment and order of the School Tribunal dated 26/08/1999 in Appeal No. 33/1997. The Tribunal had allowed the a...

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Bombay High Court Allows Second Appeal in Fragmentation Act Case — Preferential Right of Contiguous Land Owner Upheld. Sale of Fragmented Land to Non-Contiguous Purchaser Violates Section 7 of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947....

The appellant, Vilas Shivmurti Munde, filed a second appeal against the dismissal of his suit for declaration and injunction. The suit sought to declare sale deeds dated 04.05.1995 executed by defenda...

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High Court of Karnataka Partly Allows Writ Petition Challenging Non-Speaking Order of Karnataka Appellate Tribunal in Cooperative Society Dispute. Order Rejecting Stay Set Aside and Matter Remitted for Fresh Consideration Citing Binding Precedent on Non-Payment of Subsistence Allowance Not Automatically Vitating Enquiry....

The dispute arose from the dismissal of a secretary of a cooperative dairy society following a domestic enquiry that found her guilty of seven charges including misappropriation of funds. The employee...