High Court

Scroll Down To Discover

Sort by:

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Borrower's Challenge to DRAT Order in SARFAESI Act Possession Dispute — Possession Notice Valid but Sale Notice Invalid. Bank Permitted to Proceed from Stage of Rule 8(5) of Security Interest (Enforcement) Rules, 2002....

The petitioners, M/s. Clarity Gold Pvt. Ltd. (borrower) and Mrs. Ganga Devi Gupta (guarantor and mortgagor), challenged an order of the Debts Recovery Appellate Tribunal (DRAT) dated 6 October 2010. T...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Appeal in Contract Dispute Between Partnership Firm and Municipal Council — Interest Rate of 9% Upheld. Claim for 18% Interest Not Supported by Contract or Evidence Under Section 34 CPC....

The appellant, a partnership firm, filed a suit against the Faizpur Municipal Council for recovery of amounts due under a construction contract. The trial court decreed the suit but granted interest a...

© Image Copyrights Juris Services & Technology

Bombay High Court Partially Allows Cross Appeals in Service Dispute Over Suspension and Terminal Benefits of Deceased Employee. The court held that salary during suspension is not payable if departmental enquiry is not completed, but provident fund and gratuity are statutory entitlements....

The case involves cross appeals arising from a judgment and decree dated 30.09.1992 in Special Civil Suit No. 102 of 1992. The plaintiffs, heirs of Dinkar Chetule, filed the suit claiming salary for t...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Appeal Against Substitution of Beneficiary in Probate Suit — Purposive Interpretation of Indian Succession Act, 1925 Prevents Multiplicity of Proceedings. The Court held that a sole beneficiary can be substituted in place of a deceased executor and the proceeding converted into one for Letters of Administration with the will annexed....

The case involves an appeal against an order of a learned Single Judge allowing a Chamber Summons for substitution of the sole beneficiary in place of the deceased executor in a testamentary suit for ...

© Image Copyrights Juris Services & Technology

Bombay High Court Acquits Accused in Abetment of Suicide Case Due to Lack of Proximate Instigation and Corroboration. Conviction under Section 306 IPC Set Aside as Handwriting Expert Opinion and Threatening Letter Alone Insufficient to Prove Abetment Beyond Reasonable Doubt....

The appeal arose from the conviction of the appellant, original accused no. 1, by the Sessions Court under Section 306 of the Indian Penal Code for abetment of suicide of Panchasheela. The case of the...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Criminal Writ Petition Challenging Sessions Court's Revision Order Against Issuance of Process. Order of Issuance of Process Under Section 204 CrPC is Interlocutory and Not Revisable Under Section 397(2) CrPC....

The petitioner, Sharad Vasant Sawant, filed a complaint under Sections 406 and 420 read with 34 of the Indian Penal Code, 1860 against respondent nos. 1 and 2. The trial court issued process against t...

© Image Copyrights Juris Services & Technology

Bombay High Court Upholds Conviction for Culpable Homicide Not Amounting to Murder in Family Dispute Over Water Rights. Appellant convicted under Section 304 Part-II IPC for causing death of niece by two stick blows on head during quarrel....

The appellant, Shaikh Chand, was convicted by the IInd Additional Sessions Judge, Aurangabad in Sessions Case No. 114 of 1996 for the offence punishable under Section 304 Part-II of the Indian Penal C...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Writ Petition Challenging MRT Order That Tenants Cannot Purchase Trust Lands Under BT & AL Act. Property Registered as Public Trust Exempts It from Statutory Purchase Provisions Under Section 88B of Bombay Tenancy and Agricultural Lands Act, 1948....

The dispute concerned agricultural lands in Sangli district that were originally Deosthan Inam lands. The tenant claimed right to purchase under the Bombay Tenancy and Agricultural Lands Act, 1948. In...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings Set Aside for Failure to Consider Adverse Possession and Limitation. The court held that the plaintiff's suit was barred by limitation under Article 65 of the Limitation Act, 1963, as the defendant had perfected title by adverse possession for over 12 years....

The appellant (original plaintiff) filed a suit for possession and mesne profits against the respondent (original defendant) in respect of agricultural land. The plaintiff claimed that the defendant w...