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Bombay High Court Dismisses Second Appeal in Property Dispute — Concurrent Findings of Fact Upheld. The court held that interference with concurrent findings of fact is not warranted unless perversity is shown, and the appellant failed to raise any substantial question of law under Section 100 CPC....

The case involves a second appeal filed by the original defendant against the concurrent judgments of the trial court and the first appellate court, which decreed the suit filed by the respondent-plai...

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Bombay High Court Dismisses Petition Challenging Election Process of Agricultural Produce Market Committee — No Interference in Ongoing Election Under Article 226 of Constitution of India. Court Held That Once Election Process Commences, Writ Jurisdiction Should Not Be Exercised and Alternative Remedy of Election Petition Is Available....

The petitioner, Mr. Nandkumar Anandrao Walanju, filed a writ petition under Article 226 of the Constitution of India challenging the election process of the Kolhapur Agricultural Produce Market Commit...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Demand for Dowry and Inconsistent Testimony. Conviction under Section 304-B IPC set aside as prosecution failed to establish that death occurred within seven years of marriage and that there was demand for dowry soon before death....

The appellant, Subhash Dadabhau Kale, was convicted by the learned Extra Joint District and Sessions Judge, Ahmednagar, for offences punishable under Sections 304-B and 498-A of the Indian Penal Code ...

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Bombay High Court Allows Restoration of Complaint Dismissed in Default in Labour Dispute — Emphasizes Liberal Approach Over Hyper-Technicality. Delay of 85 Days Condoned, Restoration Application Rejected on Merits Without Considering Conduct or Prejudice....

The petitioner, Shri Sakharam Ashruba Sanap, filed a complaint (ULP No. 78 of 2001) before the Labour Court challenging his termination from employment with the respondent bank, effective from 5.5.200...

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Bombay High Court Upholds Dismissal of Bus Conductor in MSRTC Misappropriation Case. Labour Court's refusal to interfere with punishment of dismissal for collecting Rs.14/- but issuing Rs.5/- ticket and having cash excess of Rs.11/- is confirmed as not perverse....

The petitioner, Rohidas Premchand Bhagat, was employed as a bus conductor with the Maharashtra State Road Transport Corporation (MSRTC) since 1 November 1989. On 22 October 2008, during a surprise che...

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High Court of Karnataka Allows Wife's Petition for Enhanced Maintenance Under Section 127 Cr.P.C. — Revision Order Set Aside. The Sessions Judge exceeded revisional jurisdiction by reducing maintenance from Rs.3,000 to Rs.1,500 per month without finding perversity in the Magistrate's order....

The petitioner, Smt. Gowramma, wife of the respondent Laxmikanthiah, filed a criminal petition under Section 482 Cr.P.C. challenging an order dated 30.10.2010 passed by the Sessions Judge, FTC-V at Ma...

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High Court of Karnataka Dismisses Writ Petition Challenging Amendment in Final Decree Proceedings — Inclusion of Joint Family Property Permitted Under Order 6 Rule 17 CPC. The court held that final decree proceedings are a continuation of the suit and amendment to include inadvertently omitted joint family property is permissible to avoid multiplicity of suits....

The petitioner, Smt. Janaki, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 17.08.2012 passed by the Civil Judge & JMFC, Belur, on I.A. No. 5 filed und...

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High Court of Karnataka Allows Release of Passport to Accused in Criminal Case on Conditions — Passport Seized During Investigation Cannot Be Detained Indefinitely; Right to Travel and Livelihood Must Be Balanced Against Investigation Needs...

The petitioner, accused No.2 in Crime No.214/2013 registered at Udupi Town Police Station for offences under Sections 406, 468, 471, 420 read with 34 IPC, had his passport seized by the police. He fil...

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Bombay High Court Sets Aside Exparte Decree in Specific Performance Suit Due to Non-Compliance with Order V Rule 20 CPC for Substituted Service. The court held that the trial court must record satisfaction that ordinary service is not possible before ordering substituted service, and failure to do so renders the exparte decree a nullity....

The appellant/defendant, Janglu son of late Damdu Durge, appealed against the judgment and decree dated 13th June 2014 passed by the trial court in Special Civil Suit No. 184 of 2011, which partly dec...

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Bombay High Court Upholds Conviction for Robbery and Wrongful Restraint in Jewellery Shop Robbery Case. Victim's Identification and Recovery of Stolen Property Sufficient to Prove Guilt Under Sections 392 and 341 IPC....

The appellant, Arshadali Shaikh Usmanali Shaikh, was convicted by the 4th AdHoc Additional Sessions Judge at Sewree, Mumbai, for offences under Sections 392 (robbery) and 341 (wrongful restraint) of t...