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Bombay High Court Quashes Criminal Proceedings Against Directors in Cheque Dishonour Case Due to Lack of Vicarious Liability. Directors Not in Charge of Day-to-Day Operations Cannot Be Prosecuted Under Section 138 of Negotiable Instruments Act, 1881 Without Specific Allegations.

The petitioners, who were directors of Shri Sainath Nagri Sahakari Path Sanstha Ltd. (a cooperative bank), filed a writ petition under Article 226 of ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Proved by Attesting Witness and Part Performance, Defendant Failed to Discharge Burden Under Section 16(c) of Specific Relief Act, 1963.

The present second appeal was filed by the original defendant, Madan s/o Mohan Gupta, challenging the concurrent judgments and decrees passed by the c...

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Bombay High Court Dismisses Petition Challenging Membership Grant to Flat Purchaser in Cooperative Housing Society. Section 23(2) of Maharashtra Cooperative Societies Act, 1960 mandates admission of purchaser as member upon transfer of share and interest in property.

The petitioner, Punam Cooperative Housing Society Ltd., challenged an order dated 31.3.2019 passed by the Divisional Joint Registrar, Cooperative Soci...

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Bombay High Court Dismisses Appeals in Property Dispute, Upholds Concurrent Findings on Declaration, Injunction, and Redemption of Mortgage. Court holds that second appeal under Section 100 CPC cannot be entertained on concurrent findings of fact unless substantial question of law arises.

The judgment pertains to two second appeals arising from the same parties and property. Second Appeal No.477 of 2017 was filed by the original plainti...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Intervention Application in Section 34 Arbitration Proceedings. Third Party Cannot Intervene in Section 34 Application Under Arbitration and Conciliation Act, 1996 as It Is a Summary Proceeding Between Award Debtor and Award Holder Only.

The petitioner, Luxury Lifeline, filed a writ petition challenging an order dated 18/12/2017 passed by the Principal District Judge, Nagpur, rejecting...

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Bombay High Court Acquits Accused in Dacoity Case Due to Flawed Identification Parade and Lack of Evidence. Test Identification Parade Held Without Following Criminal Manual Para 16 Rendered Identification Evidence Inadmissible.

The appellants, original accused Nos. 1 to 5, were convicted by the Additional District & Sessions Judge, Gadhinglaj, Kolhapur in Sessions Case No. 14...