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Bombay High Court Allows Second Appeal in Partition Suit, Holding That Defendant No. 2 Failed to Establish Adverse Possession Over Suit Property. The Court Set Aside Concurrent Findings of Lower Courts and Remanded the Matter for Fresh Consideration on the Issue of Adverse Possession.

The case involves a second appeal arising from a partition suit filed by the plaintiff (Sitaram) against defendants no. 1 (Pandharinath) and no. 2 (Pa...

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High Court of Karnataka Allows Writ Petition Seeking Further Investigation in Criminal Case — Magistrate's Order Quashed for Non-Application of Mind. Complainant's Right to Fair Investigation Upheld Under Section 173(8) CrPC.

The petitioner, Smt. Hemavathi I.B., filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code o...

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High Court of Karnataka Acquits Accused in Dowry Harassment and Abetment of Suicide Case — Evidence of Cruelty and Abetment Insufficient. Conviction under Sections 498A and 306 IPC set aside due to unreliable dying declaration and lack of proof of instigation.

The appellant, Manjunatha, was convicted by the Principal District and Sessions Judge, Davangere, in Sessions Case No.11/2009 for offences under Secti...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Evidence of Debt or Liability. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails as the cheques were not issued for discharge of any legally enforceable debt.

The applicants, eleven individuals, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No....

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Bombay High Court Dismisses Execution Application for Interest on Arbitral Award During Pendency of Challenge — Bank Guarantee Furnished Under Supreme Court Order Constitutes Payment into Court Under Order 21 Rule 1 CPC

The case involves an execution application filed by Bhadani Associates (the claimant/decree-holder) seeking to enforce an arbitral award dated 16th Ja...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Demand Notice. Service of notice under Section 138 of Negotiable Instruments Act, 1881 must be proved by cogent evidence; mere endorsement of 'refused' on returned envelope is insufficient.

The applicants, Madan Shankar Bhivsane and others, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking qua...