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Supreme Court Allows Appeals Against High Court Order Quashing Proceedings in Murder Conspiracy Case — Prima Facie Case of Fabricated Alibi Established. Police Officers Allegedly Created Bogus Excise Case to Shield Murder Accused, High Court Erred in Quashing Under Section 482 CrPC.

The Supreme Court allowed the appeals filed by the appellant, Om Prakash Yadav, against the judgment of the Allahabad High Court which had quashed cri...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Permanent Injunction — No Jurisdictional Error or Perversity Found in Lower Appellate Court's Reversal of Trial Court Decree.

The petitioners, who were the plaintiffs in a suit for permanent injunction, filed a writ petition under Article 227 of the Constitution of India chal...

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Bombay High Court Dismisses Petition to Recast Issues in Partition Suit — No Error in Trial Court's Refusal to Frame Additional Issues After Evidence Commenced. The court held that the application for recasting issues was belated and lacked justification under Order 14 Rule 5 CPC.

The case arises from a partition suit filed by Lalasaheb Dattoba Pawar (Respondent No. 1) against several defendants, including Balasaheb Dattoba Pawa...

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Bombay High Court Allows Discharge of Former Director in Cheque Dishonour Case — Resignation Prior to Cheque Presentation Absolves Liability Under Section 138 NI Act. Petitioner ceased to be director before cheque date, thus not liable as 'person in charge' under Section 141 NI Act.

The petitioner, Bindu Kumar Mehta, was accused no.3 in Criminal Case No.1009/SS/2011 pending before the Metropolitan Magistrate, 48th Court, Andheri, ...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit Based on Dishonoured Cheques — Defendant Must Deposit Full Suit Amount. Court holds that under Order XXXVII CPC, leave to defend can be granted on condition of deposit when defence is not bona fide or raises no triable issue.

The petitioner, Navnath R. Adak, was the defendant in Summary Suit No. 464 of 2015 filed by the respondent, Rakesh Giridharilal Rungta, under Order XX...

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Bombay High Court Dismisses Petition Challenging Refusal to Frame Preliminary Issue in Rent Act Proceedings. Maintainability of Application Under Section 13A(2) of Bombay Rents Act Involves Mixed Questions of Law and Fact and Cannot Be Decided as Preliminary Issue.

The case involves two writ petitions under Article 227 of the Constitution challenging an order dated 7th October 2004 passed by the competent authori...

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Bombay High Court Quashes Summary Court Martial Conviction for Violation of Natural Justice and Lack of Evidence. Petitioner's thumb impression on payment vouchers not proved to be superimposed; conviction set aside.

The petitioner, Major Anurag Pathak, was a Company Commander in the Indian Army. During his tenure in Bhutan (1993-96), he was later called upon to re...