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Madras High Court Allows Revision Petition, Sets Aside Executing Court's Order Condoning Delay in Restoration of Execution Petition. Section 5 of Limitation Act, 1963 Held Inapplicable to Order XXI of Code of Civil Procedure, 1908 for Setting Aside Ex-Parte Orders Beyond 30 Days.

The case involves a civil revision petition filed by the legal representatives of the deceased judgment-debtor (Padasaib) challenging an order of the ...

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Supreme Court Partly Allows Appeal by Corporation in Dismissed Bus Driver Case — Review Order Upheld but Back Wages Reduced to 50%. Corporation's Suppression of Evidence Before Labour Court Constitutes Perversity, but Full Back Wages Not Automatic Under Industrial Disputes Act, 1947.

The case involves an appeal by the Maharashtra State Road Transport Corporation against a High Court order that allowed a review petition filed by Mah...

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Bombay High Court Dismisses Petition Seeking Release of Sealed Factory Premises in Customs Duty Dispute — Petitioner Failed to Comply with Supreme Court's Conditional Order. Interest Demand Under Section 28AA of Customs Act, 1962 is Statutory and Automatic, No Separate Demand Required.

The petitioner, B.V. Jewels, a partnership firm engaged in manufacturing and exporting gold and jewellery, operates an export processing unit in SEEPZ...

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Bombay High Court Quashes Recovery Warrant Against Education Officer in Execution Proceedings — State Officer Not Personally Liable for Decree Dues. Executing Court Cannot Direct Arrest or Recovery Against Government Officer Without Finding of Wilful Default Under Order 21 Rule 32 CPC.

The case arises from execution proceedings of a decree passed by the School Tribunal, Pune, in Appeal No. 104 of 1998, directing the reinstatement of ...

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Supreme Court Upholds Conviction of Police Inspector for Custodial Death but Modifies Offence from Murder to Culpable Homicide. Death of an accused in police custody due to multiple injuries inflicted by police officers resulted in conviction under Section 304 Part I IPC instead of Section 302 IPC.

The case pertains to the custodial death of Jeeva, who surrendered at Amraiwadi Police Station on 10th June 1992. The appellant, Vinod Jaswantray Vyas...

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Bombay High Court Dismisses Review Petition in Property Suit — No Error Apparent on Face of Record. Review jurisdiction under Order 47 Rule 1 CPC is limited to correcting errors apparent on record, not re-hearing the appeal.

The judgment pertains to a review application filed by the appellants in First Appeal No. 620 of 1996, seeking review of the judgment and order dated ...