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Bombay High Court Clarifies That Appeal Under Section 72(4) of Bombay Public Trusts Act is a Regular Appeal Not Subject to Section 100 CPC Limitations. Full Bench Holds That Such Appeal Permits Full Rehearing on Both Facts and Law, Overruling Earlier Division Bench View That It is a Second Appeal Requiring Substantial Questions of Law....

The dispute originated from two rival Change Reports filed under the Bombay Public Trusts Act, 1950, concerning the management committee of a public trust. The Chaudhary group filed Change Report No. ...

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Karnataka High Court Dismisses Land Acquisition Appeal on Grounds of Delay and Laches — Challenge to Acquisition After 30 Years Rejected. Successor-in-Interest Cannot Claim Ignorance of Acquisition Proceedings Under Land Acquisition Act, 1894....

The appeal arose from a judgment of a Single Judge dismissing Writ Petition No.21863/2011 on the ground of delay and laches. The appellant, Smt. Nanjamma, claimed to be the owner of land that was acqu...

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High Court of Karnataka Upholds Decree for Specific Performance of Agreement of Sale — Plaintiff's Readiness and Willingness Established. Agreement dated 12.08.2004 for sale of property for Rs.75 lakhs with advance of Rs.10 lakhs; defendant failed to execute sale deed; trial court decree upheld....

The case involves a suit for specific performance of an agreement of sale dated 12.08.2004 for a property in Seegehalli Village, Bengaluru. The plaintiff, Dinesh Reddy, claimed that the defendant, Pun...

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Bombay High Court Quashes Cancellation of Sand Ghat Allotments in Re-auction Dispute — Violation of Natural Justice and Lack of Hearing. The court held that cancellation of allotment without notice and hearing is arbitrary and unsustainable under Article 226 of the Constitution of India....

The petitioners, five proprietors of firms, were allotted sand ghats through an auction process. However, the respondents issued a re-auction notice on 21st January, 2016 and an order on 27th January,...

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Bombay High Court Allows Student to Appear for Third Year Examination Despite Backlog in First Year Subject. The court interpreted ATKT rules liberally to permit the petitioner to take the third year exam while clearing the first year backlog....

The petitioner, Aishwarya V. Jain, a third-year student pursuing a Diploma in Interior Design and Decoration at Rachana Sansad College School of Interior Design (respondent no.2), challenged the decis...

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Bombay High Court Rules Against Stamp Duty on Amalgamation Orders Under Companies Act, 1956. Court Order Sanctioning Scheme of Amalgamation Is Not a Conveyance Under Bombay Stamp Act, 1958....

The case involved a reference under the Bombay Stamp Act, 1958, arising from a scheme of amalgamation between Reliance Industries Limited (transferee) and Reliance Petroleum Limited (transferor). The ...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award on Liquidated Damages. Court Holds That Arbitrator's Findings on Delay and Deduction of Liquidated Damages Were Plausible and Not Perverse, Setting Aside Single Judge's Order Under Section 34....

The case arises from a construction contract between Raheja Universal Pvt. Limited (appellant) and B.E. Billimoria & Co. Limited (respondent) for a project called 'Raheja Waterfront' in Mangalore. The...

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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Complainant and Lack of Corroboration. Demand and acceptance of bribe not proved beyond reasonable doubt under Sections 7 and 13(2) of Prevention of Corruption Act, 1988....

The appellant, Vinod s/o Savalaram Kanadkhedkar, was a junior clerk in the Tahsil office, Nanded. He was convicted by the Special Judge, Nanded in Special (ACB) Case No.2 of 1994 for offences under Se...

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High Court of Karnataka Quashes Summons Against Additional Accused in Dowry Death Case for Lack of Prima Facie Evidence. Section 319 Cr.P.C. summons set aside as no specific overt acts alleged against petitioners in charge sheet....

The petitioners, arrayed as additional accused nos. 3 to 6 in S.C. No. 2/2013, filed a criminal revision petition under Section 397 Cr.P.C. challenging the order dated 08.02.2016 passed by the VIII Ad...

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High Court of Karnataka Acquits Accused in Grievous Hurt Case Due to Inconsistent Medical Evidence and Doubtful Identification. Conviction under Sections 324 and 326 IPC set aside as prosecution failed to prove beyond reasonable doubt that the accused caused the injuries....

The case arises from a criminal revision petition filed by four accused persons challenging their conviction under Sections 324 and 326 read with Section 34 IPC. The trial court convicted them and sen...