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Supreme Court Dismisses Consumer Complaint Against Postal Authorities in Kisan Vikas Patra Fraud Case. Postal authorities not vicariously liable for agent's fraud as payment was made to holder under Negotiable Instruments Act, 1881, and appellants' negligence in signing instruments contributed to loss.

The dispute arose from a consumer complaint filed by Pradeep Kumar and Raj Rani against postal authorities, including the Post Master General and othe...

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Bombay High Court Allows Writ Petition Challenging Rejection of Caste Certificate for Tokre Koli Scheduled Tribe. Orders Fresh Verification by Scrutiny Committee Considering Documentary Evidence Including School Records and Old Certificates.

The petitioners, Prakash Shivram Nikumbh and his minor daughters Manasvi and Divya, filed a writ petition under Article 226 of the Constitution of Ind...

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Bombay High Court Allows Second Appeal in Partition Suit — Adoption and Hindu Succession Rights Upheld. Plaintiff's 1/2 share in suit properties declared, sale deeds by adopted son held not binding on adoptive mother.

The original plaintiff, Housabai, filed a suit for partition and separate possession of suit lands, claiming a 1/2 share as the widow of her husband w...

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Bombay High Court Allows Second Appeal in Partition Suit — Declares Adopted Son's Alienations Not Binding on Widow's Share. Hindu Succession Act, 1956 Sections 14 and 6 applied to protect widow's pre-existing right of maintenance and partition.

The case involves a second appeal by the legal heirs of the original plaintiff, Housabai, against the judgment and decree of the 3rd Additional Distri...

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Bombay High Court Dismisses Civil Revision Applications Challenging Order to Remove Encroachments from Suit Property in Partition Suit. Court Upholds Trial Court's Discretion Under Order 39 Rule 1 and 2 CPC to Direct Removal of Encroachments During Pendency of Suit to Preserve Subject Matter of Suit.

The case involves two Civil Revision Applications filed by the applicants (original defendants) challenging an order dated 30/04/2019 passed by the Ci...

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Bombay High Court Acquits Appellant in POCSO Case Due to Unproven Age — Benefit of Doubt Given as Prosecution Failed to Establish Minority of Prosecutrix Beyond Reasonable Doubt Under Sections 4, 6 of POCSO Act and Sections 363, 376 IPC.

The appellant, Ashik Ramjan Ansari, was convicted by the Special Judge at Greater Bombay in POCSO Special Case No.203 of 2016 for offences under Secti...

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Bombay High Court Allows Writ Petition Challenging Execution of Preliminary Decree in Partition Suit — Execution of Preliminary Decree Without Final Decree Held Non Est. The court held that only a final decree is executable under Order 20 Rule 18 CPC, and execution of a preliminary decree is a nullity.

The petitioners, who were defendants in a partition suit, filed a writ petition challenging orders passed by the Joint Civil Judge, Senior Division, S...

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High Court of Judicature at Bombay Allows Appeal in Motor Accident Claim Case — Deceased Driver's Income Exceeds Threshold Under Section 163A of Motor Vehicles Act, 1988. Claim Under Section 163A Not Maintainable as Deceased's Annual Income Exceeded Rs.40,000/- Limit Prescribed Under Second Schedule.

The appellants, legal heirs of deceased Kailas Vithal Nanaware, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988 before the M...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Children from Mother in Cross-Border Dispute. Court holds that habeas corpus is not maintainable when children are in lawful custody of their mother and custody issues are pending before foreign court.

The petitioner, Deepak Malani, filed a writ of habeas corpus before the Bombay High Court seeking production of his two minor children, Tiana (aged 8)...