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Bombay High Court Allows Revision and Quashes Process in Forgery Case Due to Lack of Sanction Under Section 195 CrPC. The court held that cognizance of offences under Sections 463, 468, 471 IPC is barred without a complaint by the court under Section 195(1)(b)(ii) CrPC....

The case involves three connected matters: Criminal Revision Nos. 49 and 50 of 2016 filed by Smt Sudha Sarraiya, the widow and legal representative of the original complainant Pawankumar Sarraiya, and...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Trust Property Suit. Court Fees Held Properly Paid as Suit Was for Injunction, Not Recovery of Money....

The case involves a civil revision application filed by the original defendants (applicants) challenging an order of the trial court dated 15/11/2016 rejecting their application under Order VII Rule 1...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands Case for Fresh Measurement by Court Commissioner. Courts below erred in discarding survey evidence and rejecting application for appointment of Commissioner under Order XXVI Rule 9 CPC....

The appellant, Tulsabai, was the original plaintiff who filed a suit for possession after removing encroachment allegedly committed by the respondents/defendants on her field Survey Nos. 22 and 25. Sh...

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Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Dispel Doubts. Court holds that propounders must prove due execution and testamentary capacity beyond suspicion, and failure to examine attesting witnesses or explain unnatural bequests leads to rejection of probate....

The judgment concerns two testamentary proceedings: a Miscellaneous Petition No. 39 of 2004 in Testamentary Petition No. 233 of 2004 and a Testamentary Suit No. 4 of 2005 in Testamentary Petition No. ...

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Bombay High Court Dismisses Petition Challenging Refusal to Condon 902-Day Delay in Setting Aside Ex-Parte Order. Delay of 902 days in seeking to set aside order 'Suit to proceed without written statement' not sufficiently explained; Court upholds trial court's refusal to condone delay....

The petitioner, Rupchand Rajmalji Jain (Sancheti), was defendant No.2 in a suit filed before the City Civil Court, Mumbai. The suit was originally filed in the High Court and later transferred to the ...

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Bombay High Court Allows Tenant's Intervention in SARFAESI Proceedings, Remands for Fresh Hearing on Tenancy Issue. The court held that the Chief Metropolitan Magistrate has jurisdiction to decide tenancy claims under the Maharashtra Co-operative Societies Rules, 1961, and cannot relegate the issue to the Debt Recovery Tribunal without proper consideration....

The petitioner, Amit Mohan Bhatia, claiming to be a tenant of secured assets under an Agreement of Tenancy dated 30 March 2000, filed an intervention application (Exhibit-9) in proceedings before the ...

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Bombay High Court Dismisses Tenant's Petition Against Bank's Possession in SARFAESI Proceedings — Tenancy Dispute Must Be Adjudicated by DRT, Not Magistrate Under Section 14 of SARFAESI Act....

The petitioner, Amit Mohan Bhatia, claiming to be a tenant of a property secured by Maratha Sahkari Bank Ltd., filed an intervention application before the Chief Metropolitan Magistrate, Mumbai, seeki...