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High Court of Karnataka Quashes Ex Parte Decree in Partition Suit Due to Procedural Irregularities in Service of Summons. Failure to Affix Summons on Court Building and Lack of Proper Service Affidavit Renders Ex Parte Decree Unsustainable Under Order V Rule 17 and Order IX Rule 6 CPC.

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an ex parte decree passed in a partition suit (O...

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High Court of Karnataka Quashes Ex Parte Decree in Partition Suit Due to Procedural Irregularities and Lack of Proper Service of Summons. Court Sets Aside Judgment and Decree Passed Without Affording Opportunity to Defendants, Remands Matter for Fresh Consideration.

The case involves two writ petitions filed under Article 227 of the Constitution of India challenging an ex parte judgment and decree dated 30.09.2023...

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Bombay High Court Dismisses Writ Petition Challenging Impleadment of Proposed Defendants in Suit Under MOFA. Court holds that impleadment of persons claiming title to the property is necessary for effective adjudication of the suit under Section 11 of the Maharashtra Ownership of Flats Act, 1963.

The case involves a writ petition filed by Mahendra Jayantilal Vora and two others (petitioners) challenging an order of the trial court allowing thei...

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Bombay High Court Quashes FIR in Criminal Case Due to Lack of Evidence and Abuse of Process — Quality of a Nation's Civilization Measured by Methods Used in Enforcement of Criminal Law.

The petitioner, Chandrashekhar Bhimsen Naik, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of...

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Bombay High Court Allows Third Party Claim in Execution Proceedings — Property Purchased Prior to Attachment Not Liable. Applicants' title upheld as sale deed executed before warrant of attachment under Order XXI Rule 54 CPC.

The case arises from execution proceedings initiated by Mahindra and Mahindra Financial Services Ltd. (claimant) against Vishal S. Bagadia and another...

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Supreme Court Quashes Criminal Proceedings in Forgery Case Due to Bar on Second Complaint Without Fresh Evidence. Second Complaint on Same Allegations with Additional Details but No New Evidence Held Not Maintainable Under Section 203 CrPC.

The case involves a dispute among the heirs of G.S. Naidu, who owned a Maruti-800 vehicle and died on 12.12.2001. The complainant, the second son of G...

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Bombay High Court Allows Discharge of Applicants in Kidnapping and Theft Case Due to Lack of Prima Facie Evidence. Mere Presence Without Overt Act or Common Intention Does Not Sustain Charges Under Sections 363, 380, 34 IPC.

The applicants, Manikrao Kale, Meher Kale, and Manish Muley, filed an application under Section 482 of the Code of Criminal Procedure, 1973, challengi...

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Madras High Court Upholds Conviction in Cheque Dishonour Case — Compensation of Rs.25,75,765 Upheld. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands unless accused rebuts with probable defence.

The case arises from a criminal revision petition filed by K.M. Lakshmi Devi, proprietor of M/s Sri Varun Enterprises, challenging her conviction unde...

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Bombay High Court Examines Whether Assault on Advocate at Police Station Amounts to Criminal Contempt. Bar Council's Contempt Petition Alleges Interference with Administration of Justice Under Section 2(c)(iii) of Contempt of Courts Act, 1971.

This contempt petition was filed by the Bar Council of Maharashtra and Goa, a statutory body under the Advocates Act, 1961, alleging criminal contempt...