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Bombay High Court Allows Furlough to Convict in Criminal Writ Petition. Furlough is a Right Under Rule 17 of Prisons (Bombay Furlough and Parole) Rules, 1959, and Rejection Based on Pendency of Appeal is Unsustainable.

The judgment pertains to two criminal writ petitions filed by Dastgir Gafur Shaha, a convict, and his father Gafur Sandu Shaha, seeking release on fur...

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High Court of Bombay Initiates Suo Motu Contempt Against Advocate for Disrupting Court Proceedings. Advocate's Rowdy Behavior and Improper Language in Court Amounts to Prima Facie Criminal Contempt Under Contempt of Courts Act, 1971.

The High Court of Bombay, on its own motion, initiated contempt proceedings against Mr. N.B. Deshmukh, an advocate, based on an incident that occurred...

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Bombay High Court Dismisses Writ Petition Challenging DRT Recovery Officer's Confirmation of Private Sale. Court Holds That Once Sale Is Confirmed and Possession Delivered, Remedy Lies in Civil Suit for Damages, Not in Writ Jurisdiction Under Articles 226 and 227 of Constitution of India.

The petitioners, Shaikh Gulab Shaikh Ahmed and Ambadas Maruti Kale, filed a writ petition under Articles 226 and 227 of the Constitution of India chal...

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Bombay High Court Allows Writ Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Summary Suit. Court holds that the trial court failed to consider that the defendant had a valid defence and that the ex-parte decree was passed without proper service of summons under Order 37 CPC.

The petitioners, Kishor Raghunath Pande and Vijaya Raghunath Pande, filed a writ petition under Article 227 of the Constitution of India challenging a...

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Bombay High Court Allows Wife to File Counterclaim for Restitution of Conjugal Rights and Reliefs Under Domestic Violence Act in Pending Divorce Proceeding — Limitation Under Order VIII Rule 6A CPC Not Applicable to Counterclaim Under Section 23A of Hindu Marriage Act, 1955

The petitioner, Ruchi Gour, wife of Bhanupratapsingh Gour, filed a writ petition challenging an order dated 27-07-2016 passed by the Family Court, Nag...

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Bombay High Court Allows Recall of Witness in Civil Suit for Cross-Examination on Newly Discovered Documents — Order 18 Rule 17 CPC. Petitioner/Defendant Granted Opportunity to Cross-Examine Plaintiff's Witness on Documents Discovered After Examination.

The petitioner, defendant no. 2 in Regular Civil Suit No. 66 of 2009, challenged the order of the Joint Civil Judge, Junior Division, Kadegaon, reject...

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Bombay High Court Quashes Permission to Sue Under Section 51 of Maharashtra Public Trusts Act for Violation of Natural Justice. Notice to Proposed Defendant Trust Mandatory Before Granting Consent to File Civil Suit.

The petitioner, Shri Shivaji Shikshan Sanstha, Amravati, challenged an order dated 3.7.2019 passed by the Assistant Charity Commissioner, Bhandara, wh...

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Bombay High Court Allows Writ Petition Challenging Invalid Caste Scrutiny Committee Order — Failure to Consider Relevant Documents and Affidavits Renders Order Unsustainable. The Court Remands Matter for Fresh Consideration with Opportunity of Hearing, Directing Committee to Decide Within Three Months.

The petitioner, Samadhan Suryakant Akoskar, filed a writ petition before the Bombay High Court challenging an order dated 31.10.2012 passed by the Sch...

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Bombay High Court Dismisses Railway's Petition, Upholds Inclusion of Special Pay in Pension Calculation. Special Pay for additional duties as Food Inspector under Prevention of Food Adulteration Act, 1964 is part of 'pay' under Indian Railway Establishment Code, Paragraph 1303, for pension purposes.

The case involves a writ petition filed by the Divisional Railway Manager, Mumbai Division and others against Shri M.C. Baviskar and others, who were ...