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Bombay High Court Dismisses Writ Petition Challenging Bank's Possession Under SARFAESI Act — Alternative Remedy Before DRT Must Be Exhausted. Writ Petition Not Maintainable as SARFAESI Act Provides Complete Mechanism for Aggrieved Persons Under Section 17.

The petitioners, Dr. Anil Nandkishor Tibrewala and his wife, owned a flat in Mumbai. They had mortgaged the flat to Jammu and Kashmir Bank Ltd. (respo...

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Bombay High Court Acquits Police Inspector in Corruption Case Due to Unreliable Complainant and Lack of Corroboration. Conviction under Sections 7 and 13(2) of Prevention of Corruption Act, 1988 set aside as demand and acceptance of bribe not proved beyond reasonable doubt.

The appellant, Sopan s/o Kadu Choudhari, a Police Inspector, was convicted by the Special Judge, Gadchiroli for offences under Sections 7 and 13(2) of...

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Bombay High Court Upholds Conviction of Appellant for Rape of Minor Under POCSO Act — Victim's Testimony Found Credible and Age Proved by School Records. The court held that minor contradictions do not discredit the victim's evidence and the presumption under Section 29 POCSO Act applies.

The appellant, Akash s/o Devanand Tempe, was convicted by the Sessions Judge, Nagpur in Special Criminal (POCSO) Case No. 198/2016 for the offence pun...

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Bombay High Court Allows Revision Against Wakf Tribunal Order — Property Dispute Over Wakf Status Requires Reconsideration of Evidence Under Wakf Act, 1995. The court held that the presumption under Section 81 of the Wakf Act, 1995 cannot be applied without prima facie evidence that the property is wakf.

The case involves a civil revision application filed by Abdul Qayyum Khan and others against the Additional Collector, Nanded, and others. The dispute...

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Karnataka High Court Quashes FIR in Matrimonial Dispute Under Section 498A IPC and Dowry Prohibition Act Due to Vague Allegations. Court Holds that Filing of General and Omnibus Allegations Against Husband and In-Laws Constitutes Abuse of Process of Law Under Section 482 Cr.P.C.

The petitioners, husband and his family members (father, mother, brother), sought quashing of FIR registered at Basavanagudi Women Police Station, Ben...

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High Court of Karnataka Acquits Accused in Murder Case Due to Lack of Credible Evidence and Inconsistencies in Prosecution Case. Conviction under Section 302 IPC Set Aside as Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt.

The appellant, Hanumantharayappa, was convicted by the IV Additional District and Sessions Judge, Madhugiri, in Sessions Case No. 81/2013 for the offe...

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Karnataka High Court Reserves Judgment in Appeal Against Compulsory Retirement Penalty of Junior Engineer. Appeal Challenges Single Judge’s Order Upholding Penalty Despite Acquittal in Criminal Case Under Prevention of Corruption Act, 1988.

The appellant, a Junior Engineer in a state electricity corporation, faced a trap by the Lokayukta in 2011 for allegedly demanding illegal gratificati...

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High Court of Bombay at Goa Adjudicates Appeal by Accused Convicted under Section 302 IPC for Murder Based on Circumstantial Evidence. Trial Court Convicted the Accused Based on 12 Circumstances Including Extrajudicial Confessions and Discovery of Dead Body.

The appeal challenges the judgment and order dated 02/09/2009 by the Additional Sessions Judge-I, South Goa, Margao in Sessions Case No.6/2008 convict...