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Bombay High Court Allows Condonation of Delay in Execution Proceedings for Decree Holder. Delay of 13 Years in Filing Execution Application Condoned as Sufficient Cause Shown for Non-Filing Due to Pendency of Appeal and Other Proceedings....

The petitioner, M/s. Botanium Limited (now merged in Go Airlines (India) Limited), was the decree holder in Regular Civil Suit No. 292 of 1983. The suit was decreed on 31st August 1985. The petitioner...

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Bombay High Court Upholds Conviction of Accused for Murder and Causing Disappearance of Evidence, Dismisses State Appeal Against Acquittal of Co-Accused. Conviction under Sections 302 and 201 IPC based on circumstantial evidence and last seen theory....

The case involves two appeals arising from the same judgment of the Additional Sessions Judge, Sangamner, in Sessions Case No. 27 of 2005. Criminal Appeal No. 260 of 2016 was filed by original accused...

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High Court of Karnataka Considers Criminal Appeal Against Conviction for Murder Under Section 302/34 IPC. The Appeal Challenges Reliability of Dying Declarations and Allegations of Cruelty....

The criminal appeal was filed under Section 374(2) of the Code of Criminal Procedure, 1973, challenging the judgment of conviction and sentence dated 05.03.2012 passed by the IV Additional Sessions Ju...

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High Court of Karnataka Dismisses Writ Petition Challenging Demarcation of Forest Land Under Karnataka Forest Act, 1963 — Petitioners Failed to Show Prima Facie Case for Interference with Demarcation Proceedings...

The petitioners, twelve individuals claiming to be owners of certain lands in Kajur Village, Kodagu District, filed a writ petition under Article 226 of the Constitution before the High Court of Karna...

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High Court of Karnataka Adjudicates Batch of Writ Appeals Against Single Judge Order Dated 28-02-2018 Dismissing Writs Filed by Gram Panchayat Office-Bearers. Appeals Under Section 4 of Karnataka High Court Act Question Correctness of Single Judge’s Refusal to Grant Relief in Panchayat Leadership Disputes....

This batch of writ appeals was filed under Section 4 of the Karnataka High Court Act, 1961 before a Division Bench of the High Court of Karnataka at Bengaluru. The appellants, who include Presidents (...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42(2) of NDPS Act. Secret Information Not Sent to Superior Officer Renders Search Illegal and Conviction Unsustainable....

The appellant, Majjidkha s/o Hanifkha Khan, was convicted by the Special Judge, Chandrapur in Special Case No.10/2004 for an offence punishable under Section 20(b)(ii) of the Narcotic Drugs and Psycho...

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Bombay High Court Dismisses Petition Challenging Appellate Court's Order Granting Temporary Injunction in Tenant Dispute. District Judge's Power to Reappreciate Evidence in Injunction Appeals Upheld Under Order 39 CPC....

The petitioners, Abidbhai and Musabhai, filed a writ petition challenging the judgment and order dated 17th January 2014 passed by the District Judge, Nagpur in Misc. Civil Appeal No. 99 of 2013. The ...

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Bombay High Court Allows Reference Under Section 36B of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 — Civil Court Must Refer Issue of Sale Deed Validity to Competent Authority. The court held that the provision is mandatory and the civil court cannot decide the effect of the Act on a document itself....

The petitioners, defendants in Regular Civil Suit No. 215/2013, challenged the order dated 29.06.2017 passed by the Joint Civil Judge, Junior Division, Gondia, rejecting their application under Sectio...

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Bombay High Court Allows Recall of Witness for Cross-Examination in Civil Suit — Procedural Rules Subserve Justice. Inherent powers under Section 151 CPC can be invoked to recall a witness for cross-examination when counsel was delayed due to unavoidable circumstances, as rules of procedure are handmaids of justice....

The petitioner, Michelle Rejji Cope, filed a writ petition challenging the order of the trial court refusing to recall a witness for cross-examination. The respondent, Murial wd/o Benhar Cope, was the...