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Bombay High Court Dismisses Review Application in Second Appeal for Failure to Frame Substantial Question of Law — Error Not Apparent on Record. Non-formulation of substantial question of law under Section 100(4) CPC is a procedural irregularity correctable in appeal, not review under Section 114 CPC....

The applicants, Park View Cooperative Housing Society Ltd. and Vinayak Narayan Ghatate, were the respondents in Second Appeal No.110/2011 before the Bombay High Court, Nagpur Bench. The second appeal ...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Plaintiff's 1/9th Share Upheld. Son from First Wife Entitled to Share in Father's Intestate Property Despite Prior Partition Between Father and Sons from Second Wife....

The case involves a second appeal filed by the original defendants (appellants) challenging the judgment and decree of the subordinate courts which granted a decree in favor of the original plaintiff ...

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Bombay High Court Dismisses Petition Challenging Scrutiny Committee Order Denying OBC Benefits to Migrant's Son. Child Inherits Father's Caste, Not Mother's, for Reservation Benefits Under OBC Category....

The petitioner, Vishal Ashok Acharya, claimed to belong to the Vishwakarma/Chari/Mesta community, which is included in the Other Backward Class (OBC) category in Goa. He was born in Goa on 16/07/1983 ...

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Bombay High Court Dismisses Recusal Application by Advocate in Official Liquidator's Report — Advocate's Conduct Found Obstructive and Discourteous. Court Holds That Adverse Remarks Against Counsel Do Not Automatically Warrant Recusal Unless Bias Is Demonstrated....

The judgment arises from an application/praecipe filed by Advocate Mathews J. Nedumpara on 14th October 2014, requesting that Justice S.J. Kathawalla recuse himself from hearing all matters in which A...

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High Court of Bombay Adjudicates Writ Petition Challenging Constitutional Validity of Section 88 of Finance Act, 2004. Petitioner, a tyre manufacturer, contended that the cut-off date of 1 April 2000 for utilization of Additional Excise Duty credit is arbitrary and violates Article 14....

The petitioners, CEAT Limited, engaged in the manufacture of tyres, filed a writ petition under Article 226 of the Constitution of India challenging the constitutional validity of Section 88 of the Fi...

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Bombay High Court Dismisses Writ Petitions Seeking Land Allotment for Housing Society Due to Lack of Enforceable Right and Laches. Petitioner failed to establish any legal right to allotment of government land under the Maharashtra Land Revenue Code, 1966, and the claim was barred by delay and laches....

The petitioner, Pandurang Tukaram Kamble, as Chief Promoter of a proposed housing society, filed two writ petitions seeking allotment of 2.5 acres of government land from Survey Nos. 357 and 376 at Ch...

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Bombay High Court Dismisses Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court held that the appellants failed to prove their title over the suit property and that the sale deed executed by the original owner in favor of the respondents was valid....

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of agricultural land. They claimed that the suit property was ancestral and that the ...

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Bombay High Court Quashes FIR in Vehicle Theft Case Due to Settlement Between Student Friends. Section 379 IPC Not Attracted as Vehicle Was Taken Out of Friendly Relations, Not Stolen....

The applicant, Rahul Pandurang Magar, filed a criminal application under Section 482 CrPC seeking quashing of FIR No. I-324 of 2014 registered at police station for offence under Section 379 IPC (thef...

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Bombay High Court Quashes Criminal Proceedings Against Married Sisters-in-Law and Their Husbands in Dowry Harassment Case — Allegations Found to Be Vague and Constituting Abuse of Process of Law...

The applicants, who are the married sisters-in-law of the complainant (respondent No.2) and their respective husbands, filed an application under Section 482 of the Code of Criminal Procedure, 1973 se...

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Bombay High Court Allows Quashing of Criminal Proceedings in Sessions Case No.137/2011 for Offences Under Sections 307, 326, 504, 506 IPC Due to Compromise Between Parties. Court Permits Quashing of Non-Compoundable Offences Where Settlement is Genuine and Voluntary, Applying Guidelines from Gian Singh v. State of Punjab....

The applicant, Vilas Nimbaji Shinde, filed a Criminal Application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Sessions Case No.137/2011 arising out of C.R. No.87/201...