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High Court Dismisses Writ Petition for Refund of Excise Licence Fees Due to Delay and Laches. Claim for refund of Rs.2.86 Crores paid under Karnataka Excise (Rectified Spirits) Rules, 1967 for period 1997-98 to 2002-03 rejected as barred by delay and laches....

The petitioner, M/s. Kap Chem Limited, filed a writ petition under Article 226 of the Constitution of India seeking refund of Rs.2.86 Crores paid as licence fees under the Karnataka Excise (Rectified ...

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High Court of Karnataka Allows Plaintiff's Petition for DNA Test in Partition Suit — Order 26 Rule 10A CPC. The court held that a DNA test is permissible under Order 26 Rule 10A CPC to establish relationship when disputed in a partition suit....

The petitioner, Smt. D.N. Mangala, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 11.04.2017 passed by the Senior Civil Judge, Maddur, in O.S. No. 23/...

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Bombay High Court Dismisses Appeal Against Conviction for Attempt to Murder Under Section 307 IPC; Upholds Ten-Year Rigorous Imprisonment. Court Holds That Axe Blows to Vital Facial Region Constitute Murderous Assault and Presume Knowledge of Likely Death, Even if Victim Survives....

The appeal arose from a conviction under Section 307 of the Indian Penal Code for attempt to murder. The appellant was the eldest son of the complainant Samayya Latkari. On the night of 14 February 20...

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Bombay High Court Allows Revision Against Injunction Order in JCB Machine Partnership Dispute. Court holds that a suit for mandatory injunction seeking possession of a jointly owned asset is not maintainable without a prayer for partition, and that the trial court's order granting injunction was without jurisdiction....

The case involves a civil revision application filed by the original defendant against an order granting mandatory injunction in favor of the plaintiff. The plaintiff and defendant, residents of the s...

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Bombay High Court Allows Leave to Omit Relief in Partition Suit Under Order 2 Rule 2(3) CPC — Trial Court Erred in Considering Merits of Partition Claim at Leave Stage. The court held that the question of whether the petitioners are coparceners or entitled to partition is irrelevant for deciding an application under Order 2 Rule 2(3) CPC....

The petitioners, Smt. Nikita Manohar More and Ms. Priyanka Baban Patil, filed a Writ Petition under Article 227 of the Constitution of India challenging an order dated 9th September 2016 passed by the...

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Bombay High Court Allows Petition and Quashes CIDCO Stop-Work Notice in 12.5% Scheme Plot Dispute. Petitioner's Title from Original Owner Upheld Over Trust Claim Under Section 11 of Land Acquisition Act, 1894....

The petitioner, Deepak Valji Karia and M/s. Ambedeep Enterprises, challenged a stop-work notice dated 6 May 2016 issued by CIDCO (Respondent Nos. 2-4) directing them to cease construction on a plot in...

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Bombay High Court Dismisses Tenant's Revision Against Concurrent Eviction Decree for Non-Payment of Rent Under Maharashtra Rent Control Act, 1999. Tenant's failure to pay rent as per consent terms and subsequent default justified eviction....

The case involves a civil revision application filed by the tenant, Messrs Auto Hirers & anr, against an eviction decree passed by the Small Causes Court at Bombay in T.E.& R.Suit No.64/76/2004, which...

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Bombay High Court Upholds Acquittal in Dowry Death Case Due to Lack of Evidence of Demand Soon Before Death. State fails to prove that deceased was subjected to cruelty or harassment in connection with dowry demand shortly before suicide....

The State of Maharashtra appealed against the judgment of the Assistant Sessions Judge, Nagpur, acquitting the respondents (accused) of offences under Sections 498A, 306, and 304B read with Section 34...

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Bombay High Court Upholds Acquittal of Accused in Murder Case Due to Lack of Credible Evidence and Doubtful Identification. Conviction under Sections 302, 307, 504, 506 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The State of Maharashtra filed an appeal against the judgment and order dated 15th July, 2003 passed by the 4th Adhoc Additional Sessions Judge, Ahmednagar in Sessions Case No.6 of 2003, whereby the r...