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Bombay High Court Dismisses Petition Seeking Transfer of Investigation in Fatal Hit-and-Run Case Alleging Police Bias. Court finds no exceptional circumstances warranting transfer, holds that investigation is progressing and petitioner's grievances can be addressed by trial court.

The petitioner, Shahrukh Ziya Mohammad, filed a criminal writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to tr...

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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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Supreme Court Dismisses Appeal in Companies Act Case Due to Lack of Locus Standi and Defunct Company Status. Appellant Failed to Establish Directorship or Aggrieved Person Status Under Section 560(5) of Companies Act, 1956, with Company Deemed Defunct Under Section 3 After Striking Off in 2006.

The appeal arose from a dispute over the striking off of Basanti Cotton Mills (1998) Private Limited's name from the register of the Registrar of Comp...

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Supreme Court Upholds Dismissal of CISF Constable for Misconduct Under CISF Rules. Appellate Authority's Enhancement of Punishment from Reduction of Pay to Dismissal Held Valid as Judicial Review Limited to Checking Gross Disproportionality or Procedural Errors.

The dispute involved a constable in the Central Industrial Security Force (CISF) who was found sleeping on duty and allegedly assaulted a senior offic...

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Supreme Court Sets Aside Condonation of 1011 Days Delay in Filing Second Appeal — Gross Negligence and Lack of Sufficient Cause. Limitation Act Section 5 Requires Sufficient Cause for Entire Period of Delay; Unexplained Delay Cannot Be Condoned.

The appellant, original plaintiff, filed a civil suit for permanent injunction which was dismissed by the Trial Court on 23.04.2016. The First Appella...

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Bombay High Court Acquits Accused in 1992 Riots Case Due to Unreliable Identification and Delayed FIR. Conviction under Section 326 IPC for causing grievous hurt with dangerous weapon set aside as identification parade was not conducted and FIR was lodged 10 days after incident.

The appellant, Abdul Gani Kamruddin Mulla, was convicted by the Sessions Court for offences under Sections 326 and 452 of the Indian Penal Code, 1860,...

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Supreme Court Dismisses Cooperative Society's Appeals Challenging Sale Deeds Executed in Favor of Members. Arbitrator under Delhi Cooperative Societies Act lacks jurisdiction to adjudicate validity of registered sale deeds, which can only be challenged before civil court.

The Supreme Court dismissed the appeals filed by Delhi Dayalbagh Cooperative House Building Society Ltd. against the orders of the Delhi High Court, w...

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Bombay High Court Dismisses Successive Habeas Corpus Petitions Challenging COFEPOSA Detention Orders on Grounds of Constructive Res Judicata. Fresh Grounds Must Be Raised in Earlier Petitions or Are Barred.

The judgment concerns two criminal writ petitions filed under Article 226 of the Constitution of India challenging orders of detention passed under Se...