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High Court of Bombay Considers Attachment Before Judgment in Foreign Judgment Enforcement Suit. Prima Facie Case Assessed Under Order 38 Rule 5 CPC in Suit for Decree Based on Swiss Court Judgment.

The Bombay High Court was hearing three notices of motion in a suit for enforcement of a foreign judgment under Section 13 of the Code of Civil Proced...

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High Court of Judicature at Bombay Dismisses Writ Petition Seeking Mandamus Against Removal from State Police Complaints Authority. Failure to Make Prior Demand for Justice Held Fatal to Prayer for Mandamus Under Article 226 of Constitution of India.

The petitioner, Rajkumar Bhujangrao Dhakane, invoked the extraordinary writ jurisdiction of the Bombay High Court under Article 226 of the Constitutio...

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Supreme Court Upholds Conviction in Murder Case Based on Circumstantial Evidence and Recovery of Articles. Accused's Guilt Established Through Motive, Last Seen, and Recovery of Stolen Property Under Section 302 IPC.

The appellant, a labourer working at the farmhouse of Mr. Jose Kafan (deceased), was convicted by the High Court of Karnataka for the murder of the de...

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Supreme Court Upholds Section 498A IPC as Constitutionally Valid but Issues Guidelines to Prevent Misuse. The court held that the provision is not unconstitutional but requires safeguards against misuse through directions on arrest, investigation, and compounding of offences.

The Supreme Court in this batch of writ petitions and appeals considered the constitutional validity of Section 498A of the Indian Penal Code, 1860, w...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Cruelty Soon Before Death. Conviction under Sections 304-B, 498-A IPC and Dowry Prohibition Act set aside as prosecution failed to prove demand of dowry and cruelty proximate to death.

The case pertains to the death of Savita, wife of appellant Madhav Dhondiba Wadwale, who died due to burn injuries on 10.12.2003 within a year of her ...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Dying Declaration. Conviction under Section 302 r/w 34 IPC set aside as sole dying declaration was not recorded in proper question-answer form and lacked corroboration.

The appellants, four individuals, were convicted by the 3rd Ad-Hoc Additional Sessions Judge, Mumbai, for the murder of Mohammad Rafiq under Section 3...