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Madras High Court Disposes of Mandamus Petition Seeking Land Survey; Holds Pending Civil Suit Pertaining to Different Survey Number Not a Ground to Refuse Survey

The dispute arose from a writ petition under Article 226 of the Constitution of India filed by Mohamed Yusuf, who sought a writ of mandamus directing ...

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Madras High Court Allows Writ Petition Challenging Patta Rejection for Violation of Natural Justice — Directs Reconsideration After Hearing. Tahsildar's Rejection of Patta Application Without Notice or Hearing Set Aside, Matter Remitted for Fresh Disposal.

The petitioners, R.Essakimuthu, D.Vanaraja, and D.Bharathiraja, filed a writ petition under Article 226 of the Constitution of India before the Madura...

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Bombay High Court Dismisses State's Appeal in Limitation Matter — Upholds Refusal to Condone Delay of 14 Months 10 Days. Court Holds That the Lower Appellate Court's Finding of No Sufficient Cause for Delay Was Not Perverse and Does Not Warrant Interference Under Section 100 CPC.

The State of Maharashtra, through the Collector, Gadchiroli, and other officers, filed a second appeal before the Bombay High Court, Nagpur Bench, cha...

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Bombay High Court Confirms Life Imprisonment for Murder Conviction Based on Circumstantial Evidence and Motive. Appellant's conviction under Section 302 IPC upheld as chain of circumstances including last seen evidence, motive, and recovery of weapon was complete and consistent with guilt.

The appellant, Rajendra Sarwade, was convicted under Section 302 IPC for the murder of his wife Chhaya. The prosecution case was that the appellant su...

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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 Quashes Cancellation of Sand Ghat Allotments in Re-auction Dispute — Violation of Natural Justice and Lack of Hearing. The court held that cancellation of allotment without notice and hearing is arbitrary and unsustainable under Article 226 of the Constitution of India.

The petitioners, five proprietors of firms, were allotted sand ghats through an auction process. However, the respondents issued a re-auction notice o...

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Bombay High Court Allows Second Appeal in Trust Property Encroachment Case — Defendant Acquitted of Adverse Possession Claim. Suit for Possession by Trust Held Not Barred by Limitation as Encroachment is Continuing Wrong Under Section 23 of Limitation Act, 1963.

The case involves a second appeal filed by Namdeo Khedkar (appellant/defendant) against the judgment of the Joint District Judge, Chandrapur, which re...