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Bombay High Court Upholds Conviction for Cruelty Under Section 498A IPC Despite Acquittal for Murder. Court holds that Section 498A IPC is a minor offence in relation to Section 302 IPC and conviction can be based on dying declaration and other evidence of cruelty.

The appellant, Anandrao Tukaram Gudape, was convicted by the Additional Sessions Judge, Pusad, for offence punishable under Section 498A of the Indian...

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Bombay High Court Allows Financial Institution's Petition Under Section 31(1)(aa) of SFC Act for Enforcement of Mortgage Against Guarantors. The court held that the petition is maintainable against guarantors and not barred by limitation under Article 137 of Limitation Act.

The petitioner, SICOM Limited, a financial institution, filed a petition under Section 31(1)(aa) of the State Financial Corporations Act, 1951, seekin...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Failure to Prove Penetration. Conviction under Section 376(2)(i) IPC and Sections 4 and 6 of POCSO Act Set Aside as Medical Evidence Did Not Support Rape Allegation and Prosecution Witnesses Contradicted Each Other.

The appellant, Balaji Malhari Devkate, was convicted by the Additional Sessions Judge, Bhokar, District Nanded, for the offence of rape under Section ...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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Bombay High Court Acquits Accused in Corruption Case Due to Misapplication of Section 8 of Prevention of Corruption Act, 1988 — Charge Framed Under Wrong Provision Invalidates Conviction

The appellant, a Junior Clerk in a Sessions Court, was convicted under Section 8 of the Prevention of Corruption Act, 1988 for allegedly demanding and...

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Bombay High Court Allows Landlord's Eviction Suit on Grounds of Bonafide Requirement and Subletting Under Maharashtra Rent Control Act. Tenant's Subletting to Partner's Son and Landlord's Need for Business Premises for His Sons Established.

The case involves a civil revision application filed by the petitioners (tenants) challenging the judgment and decree of the Principal District Judge,...

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Supreme Court Upholds Eviction Decree in Rent Control Case — Concurrent Findings of Default and Non-User Not Interfered With. Tenant's Failure to Pay Rent and Non-User of Premises for Stated Purpose Justify Eviction Under Bombay Rents, Hotel & Lodging Houses Rates Control Act, 1947.

The Supreme Court dismissed two civil appeals arising from a landlord-tenant dispute over eviction. The plaintiff purchased the suit property in 1986 ...