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Bombay High Court Allows Husband to Lead Evidence First in Property Dispute with Wife — Order 18 Rules 1 and 2 CPC Interpreted. Husband Must Prove His Case as He Would Be Defeated if No Evidence Is Given, Given His Admission of Wife's Payment.

The case involves a property dispute between husband and wife. The wife filed a petition seeking a declaration that she is the sole owner of one of tw...

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Bombay High Court Allows Appeals in Specific Performance Suit — Agreement of Sale Not Proved Due to Absence of Attesting Witness and Discrepancies in Evidence. Plaintiffs Failed to Prove Execution of Agreement and Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The case involves two first appeals arising from suits for specific performance of agreements of sale dated 11.4.2002. The respondents (plaintiffs) cl...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement of Sale Held as Loan Transaction. Appellate Court's decree for refund set aside; Trial Court's decree for specific performance restored.

The appellant, Sopan Baruku Patil, filed a suit for specific performance of an agreement of sale dated 15-6-1981 against Satyanarayan Govindram Rathi ...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Court holds that presumption under Section 139 of Negotiable Instruments Act, 1881 operates in favour of complainant once issuance and signature of cheque are admitted, and accused failed to rebut the presumption.

The appellant, Ranjit Singh Sethi, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Abdul Jalil Sha...

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Bombay High Court Discharges Accused in Bank Fraud Case Due to Lack of Evidence of Conspiracy or Knowledge. Petitioner, a Chartered Accountant, Allegedly Prepared Audit Reports for Loan Applicant but No Material Showed He Knew of Fraudulent Intent.

The petitioner, Manish Dosal Barot, was one of the accused in C.R.No.38 of 2003 registered by the Bank of India, Saki Naka Branch, for offences under ...