High Court

Scroll Down To Discover

Sort by:

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Second Appeals in Land Suit Based on Adverse Possession and Limitation. Concurrent findings of possession and limitation reversed as courts below misapplied Article 65 of the Limitation Act, 1963 and failed to consider that the suit was barred by limitation....

The case involves two second appeals filed by two brothers, Vijay and Yashwant Gaikwad, challenging a common judgment and decree dated 7.12.2010 passed by the Ad hoc District Judge-1, Gondia, in Regul...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Second Appeal in Property Dispute Over Restoration of Possession Without Specific Prayer. Court Holds That a Suit for Mandatory Injunction Cannot Be Construed as a Prayer for Restoration of Possession Under Specific Relief Act, 1963....

The case involves a second appeal arising from a property dispute. The respondents (original plaintiffs) filed Regular Civil Suit No.521/1986 before the Civil Judge Junior Division, Mapusa, claiming o...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Second Appeal in Partition Suit, Holds Partial Abatement Only. Death of some appellants during pendency of appeal does not abate entire appeal; decree not a nullity under Order 22 CPC....

The case involves a second appeal arising from a suit for partition and separate possession. The original suit was filed by the plaintiffs (now respondents) against the defendants (now appellants) see...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Writ Petition Challenging Revisional Order Setting Aside Process in Forgery Case — Sanction Under Section 195 CrPC Required for Prosecution of Offences Under Sections 463, 465 IPC When Alleged Forgery Relates to Proceedings Before Revenue Authorities....

The petitioner, Bhausaheb Shivaramji @ Francis Ignati Bodhak, filed a criminal writ petition under Article 227 of the Constitution of India challenging the order of the Additional Sessions Judge, Kopa...

© Image Copyrights Juris Services & Technology

High Court Upholds Appeals in Arbitration Award Execution — Clarifies Maintainability of Appeals under Arbitration Act and Letters Patent. The court determined that the appeals were maintainable as the impugned order was passed in execution proceedings under the Code of Civil Procedure, 1908....

The judgment arose from appeals challenging the execution of an arbitration award dated 12 April 2007 concerning a share purchase agreement between Jet Airways and Sahara Airlines. The appeals were fi...

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Reopening of Assessment Under Section 147 of Income Tax Act, 1961 — Survey Material Not Sufficient for Reasonable Belief of Escapement of Income. The court held that a survey under Section 133A does not provide 'information' for reopening, and the reasons recorded must show a live link between the material and the belief of escapement....

The petitioner, Yash Raj Films Private Limited, challenged the reopening of its income tax assessments for Assessment Years 2005-06 and 2006-07 under Section 147 of the Income Tax Act, 1961. The Asses...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Import of Used Tyres for Recycling Subject to Compliance with Hazardous Waste Rules and Customs Procedures. The court held that used tyres, whether single cut or multiple cut/shredded, fall under Entry B3140 of the Hazardous Wastes Rules, 2008, requiring prior permission from the Ministry of Environment and Forests....

The petitioners, Royal Carbon Black (P) Limited and another, operate a factory in Raigad manufacturing carbon black, fuel oil, and other products using used cut rubber tyres as raw material. They clai...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Parents' Compensation Claim Under Workmen's Compensation Act — Dependency of Parents Presumed Under Section 2(1)(d)(iii)(b). The Court held that parents are statutory dependents under the Workmen's Compensation Act, 1923, and the Commissioner erred in requiring proof of actual dependency....

The appellants, Raziyabee and Shaikh Sattar, are the parents of deceased Shaikh Mukhtar, who died in a motor vehicle accident on 6 March 2006 while driving a jeep belonging to respondent no.1, Surrend...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Land Acquisition Reference Appeal on Limitation Issue — Remands for Fresh Consideration. Notice under Section 12(2) of Land Acquisition Act, 1894 not served on appellants; knowledge from third party not official information under Section 18(2)....

The appellants, Raju and Dnyaneshwar Rawale, were landowners whose land was acquired by the State of Maharashtra for a minor irrigation project. The Land Acquisition Officer passed an award on 31.8.19...