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Bombay High Court Allows Appeal Against Dismissal of Private Complaint in Default, Restores Complaint for Trial on Merits. The court held that dismissal of a private complaint in default amounts to acquittal, and the Magistrate must hear the complainant before dismissing the complaint.

The appellant, Sitaram Dhanad, filed a private complaint before the Judicial Magistrate, First Class, Gangapur, alleging that on 1.8.2009, the respond...

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Bombay High Court Allows Appeal Against Dismissal of Complaint in Default, Restores Private Complaint for Assault and Criminal Intimidation. Court holds that dismissal of complaint for default without considering merits is improper when complainant was absent due to advocate's illness.

The appellant, Dagu s/o Mohan Gudghe, filed a private complaint before the Judicial Magistrate (First Class), Kopargaon, alleging that on 14-5-2006 at...

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Bombay High Court Upholds Dismissal of Bus Conductor in MSRTC Misappropriation Case. Labour Court's refusal to interfere with punishment of dismissal for collecting Rs.14/- but issuing Rs.5/- ticket and having cash excess of Rs.11/- is confirmed as not perverse.

The petitioner, Rohidas Premchand Bhagat, was employed as a bus conductor with the Maharashtra State Road Transport Corporation (MSRTC) since 1 Novemb...

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Bombay High Court Dismisses Petition Seeking Interim Relief Against Dismissal in Misappropriation Case. Labour Court and Industrial Court Correctly Refused to Restrain Employer from Issuing Punishment Order at Second Show Cause Stage Under MRTU and PULP Act, 1971.

The petitioner, Dhanraj Gaikwad, was employed as a clerk with the Maharashtra State Road Transport Corporation (MSRTC) since 2008. He was charge-sheet...

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Bombay High Court Allows Writ Petition Against Dismissal of Suit for Non-Compliance with Discovery Orders. Order XI Rule 21 CPC Dismissal Set Aside as Trial Court Failed to Record Satisfaction of Willful Disobedience.

The petitioner, United Church of Northern India Trust Association, filed a suit for ejectment against the respondents who were in occupation of its pr...

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High Court of Bombay at Goa Dismisses Writ Petition Against Restoration of Suit Dismissed for Default. Restoration Order Upheld as Default Not Due to Negligence; Postal Discrepancy Found Irrelevant Under Article 227 of the Constitution of India.

The dispute arose from a civil suit filed by respondent no.1, Dickson Almeida, seeking a declaration that a Gift Deed dated 17/12/1996 was null and vo...

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Bombay High Court Acquits MSRTC Officers in Disobedience Case — Dismissal Order Issued Before Receipt of Interim Protection Order. Wilful Disobedience Under Section 48(1) of MRTU and PULP Act, 1971 Not Established as Order Was Passed Prior to Knowledge of Interim Direction.

The petitioners, Madhukar Shrirang Sonwane and Dattratraya Nivruti Bhelonde, were officers of the Maharashtra State Road Transport Corporation (MSRTC)...

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Bombay High Court Dismisses Commercial Summary Suit for Failure to Take Out Writ of Summons and Summons for Judgment Within One Year of Filing. Plaintiff's Delay in Serving Process Leads to Dismissal Under Order XXXVII Rule 2 and Section 16 of Commercial Courts Act, 2015.

The plaintiff, Hikal Limited, filed a Commercial Summary Suit (CSS) against the defendant, Paxchem Limited, on 28 September 2021. The suit was filed u...

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Bombay High Court Upholds Dismissal of Conductor in MSRTC Ticketless Travel Case — Reinstatement Set Aside as Punishment Not Disproportionate. The court held that the Industrial Court's revisional order restoring dismissal was not perverse and did not warrant interference under Article 227.

The petitioner, Mahadeo Shripati Khot, was a conductor employed by the Maharashtra State Road Transport Corporation (MSRTC) since December 1988. On 31...