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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Sale of Joint Family Property for Legal Necessity. Lower Appellate Court's Finding of Legal Necessity for Sale of House Property No.11 by Karta is a Question of Fact, Not Interferable Under Section 100 CPC....

The case involves a second appeal filed by the original plaintiffs (Sanjay Babu Kadam and Sou. Subhadra Babu @ Shankar Kadam) against the judgment of the lower appellate court dated 13.05.1991 in Regu...

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Bombay High Court Allows Petition Challenging Mutation Entries in Land Revenue Record — Violation of Natural Justice. Mutation entries made without notice to the petitioner were quashed and matter remanded for fresh consideration after hearing....

The petitioner, Ozone Land Agro Private Limited, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging Mutation Entry Nos. 162 and 186 in respec...

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Bombay High Court Acquits Appellants in Dowry Death Case Due to Lack of Evidence of Cruelty and Demand of Dowry. Conviction under Sections 498A, 306, and 304B IPC set aside as prosecution failed to prove demand of dowry soon before death....

The case involves an appeal against the conviction of six appellants (original accused) by the 4th Additional Sessions Judge, Aurangabad in Sessions Case No. 238/1996 for offences under Sections 498A,...

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High Court of Karnataka Dismisses Husband's Revision Against Maintenance Order Under Section 125 Cr.P.C. — Quantum of Maintenance Upheld as Reasonable. The court held that the maintenance of Rs.2,500/- to wife and Rs.1,000/- to daughter is not excessive and does not warrant interference in revision....

The petitioner/husband filed a revision petition under Section 19(4) of the Family Court Act, 1984 against the order dated 10.6.2004 in Criminal Misc. No. 223/2013 passed by the Judge, Family Court, B...

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High Court Dismisses Writ Appeal Against Bank's Possession Notice Under SARFAESI Act for Lack of Jurisdiction Due to Alternate Remedy. Appellant's challenge to possession notice dismissed as writ petition not maintainable when alternate remedy under Section 17 of SARFAESI Act before Debt Recovery Tribunal is available....

The appellant, Sri Jayaram Hegde, filed a writ petition before the Karnataka High Court challenging a possession notice issued by Canara Bank under the Securitisation and Reconstruction of Financial A...

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Bombay High Court Allows Transfer of Divorce Petition from Wardha to Nagpur on Wife's Convenience — Section 24 CPC. Wife's Employment and Child Care Responsibilities Considered Paramount for Transfer Under Section 24 of Code of Civil Procedure, 1908....

The applicant wife filed a miscellaneous civil application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of H.M.P. No.376 of 2013 from the Court of Civil Judge Senior Divisio...

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Bombay High Court Quashes Interim Reinstatement Order in Service Dispute — Interim Relief Cannot Grant Final Relief at Interim Stage. Labour Court's order directing reinstatement pending final adjudication set aside as impermissible under Section 30(2) of MRTU & PULP Act, 1971....

The petitioner, Zilla Parishad, Jalgaon, challenged an order dated 2.1.2014 passed by the Labour Court at Jalgaon in Complaint (ULP) No. 21 of 2013. The respondent, Smt. Maya Tukaram Sonawane, was emp...

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Bombay High Court Grants Leave to Trustees to Prosecute Eviction Suit Despite Court Receiver's Appointment — Leave Held Not Required for Period When Receiver Was Not in Possession. The Court held that since the Court Receiver was never in actual possession of the suit flat, the Applicants did not require leave to continue the RAE Suit under Section 80 CPC....

The Applicants, as Trustees under an Indenture of Trust dated 6th October 1937, are the owners and landlords of a building known as 'Dhun Abad' at 106, Bhulabhai Desai Road, Mumbai. In May 1982, they ...

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Bombay High Court Acquits Husband in Dowry Death Case Due to Lack of Evidence of Demand for Dowry and Absence of Proximate Cause. Conviction under Sections 498A, 304B, 306 IPC Set Aside as Prosecution Failed to Prove Cruelty or Abetment to Suicide....

The appellant, Kamlesh Satyaprakash Agarwal, was convicted by the Additional Sessions Judge, Greater Bombay, for offences under Sections 498A, 304B, and 306 of the Indian Penal Code (IPC) in connectio...

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Bombay High Court Allows Appeal Against Acquittal Under Section 138 NI Act Due to Procedural Error. Magistrate's Order Under Section 256 CrPC Set Aside Because Complainant's Absence Was Not on Three Consecutive Dates as Recorded....

The appellant, Virendrakumar Ratanchand Banthia, was the original complainant in a case under Section 138 of the Negotiable Instruments Act, 1881, against respondent no.1, Azim Bradruddin Mukhari. The...