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Bombay High Court Allows Tenant's Petition Challenging Land Transfer Without Previous Sanction Under Section 43 of Bombay Tenancy Act. Post-transfer sanction cannot regularize invalid transfer; MRT order set aside....

The petitioner, Smt. Saraswati Shamrao Dhere, was a tenant of half portion of agricultural land in Shiroli, Kolhapur. Respondent Nos. 2 and 3 were tenants of the other half. They purchased their respe...

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Bombay High Court Allows Second Appeal in Specific Performance Case — Appellate Court Erred in Modifying Decree Without Cross-Appeal. Order of Refund of Earnest Money Restored as Appellate Court Could Not Set Aside Relief Granted to Plaintiff in Absence of Cross-Objection Under Order 41 Rule 22 CPC....

The appellant, Ghodganga Sakhar Karkhana, a registered cooperative society, filed a suit for specific performance of an agreement dated 12 August 1991 for sale of gat no.815 in village Nhavare, Taluka...

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Bombay High Court Dismisses Application to Dismiss Probate Suit in Testamentary Dispute Over Missing Original Will. Court holds that probate of a copy of a Will is permissible under Section 237 of the Indian Succession Act, 1925, and that procedural objections regarding amendment of petition are not maintainable after finality....

The case involves a testamentary suit for probate of a Will allegedly dated 17th June 2009 of Snehalata Nevatia, the mother of the defendant, Dileep Balkrishna Nevatia. The plaintiffs, Harish Brijmoha...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Valid Ticket Recovery Establishes 'Untoward Incident' Under Railway Claims Tribunal Act, 1987. The Court held that recovery of a valid ticket from the deceased's body shifts the burden on the railway to prove that the death was not an untoward incident under Section 124A of the Railways Act, 1989....

The appellant, Smt. Nirmala Pravinchandra Soni, mother of the deceased Kiran Pravinchandra Soni, filed a claim before the Railway Claims Tribunal, Mumbai, under Section 16 of the Railway Claims Tribun...

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Bombay High Court Recalls Order Dismissing Revision in Maintenance Case Due to Mistake of Fact Regarding Claim Amount. Family Court Erred in Treating Maintenance Claim as Rs.10,000 Instead of Rs.1,00,000 per Month Under Section 125 Cr.P.C....

The applicant, Jagruti Bhatia, filed Criminal Application No.35 of 2015 seeking recall of an order dated 20.1.2015 passed by the Bombay High Court in Criminal Revision Application No.17 of 2015. That ...

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Bombay High Court Quashes Stigmatic Termination of Temporary Employee Without Enquiry — Violation of Natural Justice. Termination order set aside as it contained allegations of misconduct and was passed without any opportunity of hearing or departmental enquiry....

The petitioner, Vishwanath Dnyanoba Kirade, was appointed as a Clerk on 24.7.2006 by the first respondent, Nav Akanksha Mahila Mandal, which runs the second respondent school. He worked continuously f...

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Bombay High Court Allows Writ Petition Challenging Election Process Under Cooperative Societies Rules — Inclusion of 64 Invalid Voters Quashed. The court held that the inclusion of 25% of voters without proper verification violates the Maharashtra Cooperative Societies (Election to Committee) Rules, 2014 and directed reconsideration of objections....

The petitioner, Shriram Mukundrao Korde, a member of Vividh Karyekari Seva Sahakari Society Ltd., Tandulwadi, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the elec...

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Bombay High Court Upholds Acquittal of Accused in Dowry Death Case Due to Lack of Evidence of Cruelty and Demand. Conviction under Sections 498A and 302 IPC set aside as prosecution failed to prove dowry demand and cruelty beyond reasonable doubt....

The case arises from a criminal revision application filed by Gangadhar Bhalerao, the father of the deceased Rekha, challenging the acquittal of the accused persons (husband Sanjay, in-laws Bhaurao, U...

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Bombay High Court Directs Assessment of VAT Refund Claims for Three Proprietary Concerns Under Section 48(6) of MVAT Act, 2002. Court Orders Finalization of Assessment for 2007-08 Within Three Months to Enable Set Off or Refund of Excess Input Tax Credit....

The petitioners, three proprietary concerns, filed writ petitions before the Bombay High Court at Nagpur Bench seeking a direction to the respondents to finalize their VAT assessments for the period f...