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Bombay High Court Allows Appeal in Suit for Possession and Declaration of Title — Remand Order Set Aside for Failure to Decide Limitation and Jurisdiction Issues. First Appellate Court Must Decide All Issues Before Remanding Under Order 41 Rule 23 CPC.

The present appeal from order was filed by the original defendants challenging the judgment and order passed by the learned District Judge-12, Auranga...

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Bombay High Court Hears Writ Petition Challenging Taxability of Interest Received on Enhanced Motor Accident Compensation. Petitioner Claims Interest is Capital Receipt and Not Taxable; Revenue Relies on Sections 56(2)(viii) and 145A(b) of Income Tax Act, 1961.

The petitioner, a 48-year-old man rendered paraplegic and bedridden since a road accident at age 8, filed a writ petition challenging the taxability o...

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Bombay High Court Dismisses Appeal Against Refusal to Revoke Leave Under Clause 12 of Letters Patent in Mortgage Suit. Part of Cause of Action Arose Within Jurisdiction as Loan Agreement and Assignment Deed Were Executed in Mumbai and Title Deeds Deposited There.

The appellant, Deccan Chronicle Holdings Ltd., was the original First Defendant in a suit filed by PIL Industries Ltd. (the plaintiff) for recovery of...

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Bombay High Court Dismisses Writ Petition of Bank Peon Challenging Dismissal for Misappropriation. Misappropriation of Funds by a Bank Employee Constitutes Breach of Trust Warranting Dismissal, Even with Admission and Restitution.

The petitioner, Balasaheb Raghunath Bankar, was employed as a Peon with the respondent, The Rayat Sevak Cooperative Bank Ltd., from 2001. He was charg...

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High Court of Karnataka Upholds Acquittal in Negotiable Instruments Act Case — Complainant Fails to Prove Debt Legally Enforceable. Loan of Rs. 1,00,000 advanced by LIC agent to acquaintance not proved as legally recoverable debt under Section 138 of Negotiable Instruments Act, 1881.

The complainant-appellant, Sharanappa, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, challenging the judgment ...

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High Court of Karnataka Allows NIA Appeal Under Section 21(1) of NIA Act, 2008 Against Rejection of Tender of Pardon Under Section 306 CrPC — Held That Order Rejecting Pardon Application Is Not Interlocutory and Is Appealable.

The National Investigation Agency (NIA) filed an appeal under Section 21(1) of the National Investigation Agency Act, 2008, challenging an order dated...