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High Court of Karnataka Sets Aside Execution Orders in Arbitration Award Enforcement — Petitioner Granted Opportunity to File Objections. Court holds that execution court must consider objections under Section 47 CPC before ordering sale of judgment debtor's property.

The petitioner, Sri Ashish K. Philip, was the judgment debtor in execution proceedings arising out of an arbitration award in favor of the respondent,...

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High Court of Karnataka Allows Amendment of Plaint in Partition Suit — Petitioner Permitted to Include Alternative Relief of Injunction. Pre-trial amendment under Order VI Rule 17 CPC should be liberally allowed as it does not change the nature of the suit and causes no prejudice to the opposite party.

The petitioner, Basappa, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 11/02/2022 passed by...

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Bombay High Court Upholds Trial Court's Order to Try Jurisdiction as Preliminary Issue in Contract Dispute. Exclusive jurisdiction clause in contract designating Mumbai courts does not automatically oust territorial jurisdiction of Aurangabad court without proper adjudication.

The petitioner, M/s Ghai Construction, filed a suit (Spl. C. S. No. 276 of 2009) in the Civil Court at Aurangabad for recovery of Rs. 652.06 Lakhs fro...

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Bombay High Court Grants Bail to Former Home Minister in PMLA Case — Twin Conditions Under Section 45 Not Satisfied. Applicant held entitled to bail as ED failed to demonstrate reasonable grounds for believing applicant guilty of money laundering under PMLA.

The applicant, Anil Vasantrao Deshmukh, a former Home Minister of Maharashtra, filed a bail application under the Prevention of Money Laundering Act, ...

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Bombay High Court Grants Bail to Accused in SC/ST Act Case Due to Absence of Caste-Based Intent. Allegations of Murder and Atrocities Fail to Attract Bar Under Section 18 of SC/ST Act as Incident Arose from Personal Dispute, Not Caste Hatred.

The appellant, Nikhil Dnyanoba Tambalge, filed an appeal under Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) ...

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Bombay High Court Quashes Caste Scrutiny Committee Order Invalidating Petitioner's Caste Claim. Father's Prior Caste Validity Certificate for Same Caste Must Be Followed Unless Contrary Material Exists.

The petitioner, Arshad Faizan Shah, challenged an order dated 07.11.2019 passed by the District Caste Verification and Scrutiny Committee, Amravati, w...

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Bombay High Court Dismisses Petitions Challenging Port Trust's Eviction Notices for Unauthorized Occupants. Held that lessees/licensees whose tenures expired and who continued in possession without consent are unauthorized occupants liable to eviction under the Major Port Trusts Act, 1963.

The judgment concerns a group of writ petitions filed by various entities who were originally lessees or licensees of land belonging to the Board of T...