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Bombay High Court Allows Second Appeal in Muslim Co-heirs Partition Dispute, Remands for Fresh Consideration on Regranted Property and Res Judicata Issues. The court held that a suit for partition of shares of Muslim co-heirs is maintainable and regranted property can be partitioned, but remanded for fresh findings on res judicata and the nature of regranted property....

The case involves a second appeal arising from a partition suit filed by Gafur Bapu Patel (original plaintiff) against his co-heirs, seeking separation of shares in properties left by their common anc...

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Bombay High Court Dismisses Writ Petition Challenging RBI's Directions to Cooperative Bank — RBI's Directions Under Section 35A of Banking Regulation Act, 1949 Upheld as Valid and Not Violative of Natural Justice. The Court Held That Section 35A Does Not Require a Prior Hearing and the Directions Were Issued in Public Interest to Protect Depositors....

The petitioners, The Veershaiva Cooperative Bank Ltd. and its employees' union, filed a writ petition challenging the directions issued by the Reserve Bank of India (RBI) under Section 35A of the Bank...

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High Court of Bombay at Aurangabad Bench Heard Appeal Against Conviction Under Sections 376 of Indian Penal Code and 3(1)(x) of SC/ST Act. Appeal Arose from Trial Court Conviction Where Accused Alleged Forcible Rape and Caste-Based Insult, but Accused Argued Consensual Relationship and Inconsistencies in Prosecutrix's Statements....

The case arose from a criminal appeal filed by the original accused against his conviction by the Special Judge (Additional Sessions Judge-7), Aurangabad, in Sessions Case No. 308 of 2011. The accused...

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High Court Dismisses Writ Petitions Challenging DRAT Order Allowing Bank to Sell Secured Assets Despite Company Being in Liquidation. SARFAESI Act Proceedings Held Not Barred by Companies Act Winding Up Provisions; Secured Creditor's Right to Enforce Security Interest Prevails....

The petitioners, Capt. G.R. Gopinath and M/s Deccan Emerging Business Ventures Limited, challenged the order dated 06.01.2017 passed by the Debt Recovery Appellate Tribunal (DRAT), Chennai, in AIR 316...

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Bombay High Court Partly Allows Quashing of FIR Against In-Laws in Dowry Harassment Case. General and Omnibus Allegations Against Family Members Do Not Attract Section 498-A IPC; FIR Quashed Against Applicant Nos.2 to 6 but Maintained Against Husband....

The applicants, including the husband and his relatives, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.648/2017 registered at Police...

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Bombay High Court Upholds Acquittal in Dowry Death Case Due to Inconsistent Dying Declarations. Multiple dying declarations with contradictions and absence of independent witnesses led to benefit of doubt for accused under Sections 498A, 302, 306 IPC and Section 4 Dowry Prohibition Act....

The State of Maharashtra appealed against the acquittal of five accused persons (husband, father-in-law, mother-in-law, and two brothers-in-law) for offences under Sections 498A, 302, 306 IPC and Sect...

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Bombay High Court Allows Petition Challenging Charity Commissioner's Order in Trust Dispute - Resignation Withdrawal Before Acceptance Valid. Trust President's Resignation Withdrawn Before Governing Body Acceptance; Joint Charity Commissioner's Order Quashed for Ignoring Withdrawal Letter Under Maharashtra Public Trusts Act, 1950....

The petitioner, Dr. Yashwant S. Mashankar, was elected President of respondent No.2 Trust in 2003 for a three-year term. He tendered his resignation on 12.2.2010, but before it was accepted by the gov...

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Bombay High Court Dismisses Petitioners' Challenge to Charity Commissioner's Scheme in Trust Dispute. Court upholds exclusive jurisdiction of Charity Commissioner under Section 50 of Maharashtra Public Trusts Act, 1950 to frame scheme for public trust....

The petitioners, who were trustees of a trust, filed writ petitions challenging the order of the Joint Charity Commissioner framing a scheme for the management of the trust. The respondents opposed th...

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Bombay High Court Allows Pension Claim of Bank Employee Who Took VRS — Rule 22 of SBI Pension Fund Rules Interpreted Liberally. Court held that the petitioner, who completed 20 years of pensionable service before voluntary retirement, is entitled to pension under Rule 22(1)(c) irrespective of age....

The petitioner, Rugmini Ganesh, was appointed as a clerk in the State Bank of India on 01/09/1980 on probation and was confirmed on 01/03/1981. She took voluntary retirement under the Voluntary Retire...