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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unnatural Conduct of Witnesses. Conviction under Sections 302 and 506 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Rahul Limbaji Thorat, was convicted by the Additional Sessions Judge, Vaijapur, for the murder of his wife Vandana under Sections 302 a...

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Bombay High Court Allows Second Appeals in Property Dispute Between Brothers, Remands for Fresh Consideration on Limitation and Evidence Appreciation. The court held that the First Appellate Court must discuss evidence and cannot ignore a finding on limitation that has attained finality.

The case involves two second appeals arising from a property dispute between brothers. The appellants (Ulhas Shankar Barde and Urmila Ulhas Barde) and...

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High Court of Bombay Allows Appeal Against Remand Order in Co-operative Society Land Dispute — Lower Appellate Court Directed to Decide Appeal on Merits. Appellate Court Exceeded Jurisdiction by Framing Additional Issues Without Proper Grounds Under Order 41 Rule 23 CPC.

The appellant, Ashok Magaswargiya Sah. Bhadekaru Malki Griha Nirman Sanstha Ltd, a co-operative society, filed a suit (R.C.S.No.52/2000) against respo...

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Bombay High Court Dismisses Appeal Against Order in Property Dispute — Upholds Trial Court's Refusal to Set Aside Ex-Parte Decree. Appellant Failed to Show Sufficient Cause for Non-Appearance Under Order 9 Rule 13 CPC.

The appellant, Mahadeorao Satawne, filed two appeals against an order of the trial court dismissing his application under Order 9 Rule 13 of the Code ...

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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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Gujarat High Court Dismisses Revision Against Succession Certificate Granted to Widow and Children in Summary Proceeding Under Indian Succession Act. Concurrent findings of fact on validity of marriage cannot be interfered with under Section 115 CPC in absence of jurisdictional error or perversity.

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 read with Section 384(1)(3) of the Indian Succession Act...