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Bombay High Court Dismisses Petition Challenging Rejection of Application to Recall Witness and File Additional Documents in Eviction Suit. Order under Order 18 Rule 17 CPC is discretionary and cannot be used to fill gaps in evidence after closure of plaintiff's evidence.

The petitioner, Pandharinath L. Bhandari, filed a writ petition challenging the order dated 12 July 2018 passed by the Small Causes Court at Bandra, M...

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Bombay High Court Allows Appeal in Seed Supply Contract Dispute — Remands Suit for Fresh Consideration on Breach of Contract and Damages. Trial Court's dismissal of suit for damages set aside due to failure to frame proper issues and consider evidence on breach of stocking agreement.

The appellant, M/s. A.S.N. Agri Genetics Private Limited, filed a suit for damages against the respondent, Basant Agro Tech (I) Limited, alleging that...

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High Court of Karnataka Allows Revision Petition in Execution Proceedings for Specific Performance — Decree Holder Entitled to Execute Decree Despite Judgment Debtor's Death. Order 22 Rule 12 CPC Provides That Execution Proceedings Do Not Abate by Reason of Death of Judgment Debtor.

The petitioner, Ashrafali, was the decree holder in O.S.No.38/2014 for specific performance of contract. The trial Court decreed the suit directing th...

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Bombay High Court Allows Petitions Challenging Cancellation of Performance Licenses for Tamasha Troupes — Violation of Natural Justice. Licenses Cancelled Without Show Cause Notice or Hearing Under Tamasha Rules, 1960.

The petitioners, Renuka Sanskritik Kala Kendra and Natraj Sanskrutik Kala Kendra, are proprietors of tamasha troupes operating in Moha, Taluka Jamkhed...

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Bombay High Court Allows Appeal of Accused in POCSO Case Due to Lack of Medical Evidence and Non-Examination of Material Witness. Conviction under Sections 363, 377 IPC and Section 4 POCSO Act set aside as prosecution failed to prove penetrative sexual assault beyond reasonable doubt.

The appellant, Dilip Jaglal Warkhede, was convicted by the Special Judge (POCSO Act) and Additional Sessions Judge, Nagpur in Special Criminal Case No...

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Bombay High Court Quashes Circulars Restricting Repairers from Collecting Verification Fees Under Legal Metrology Act — Circulars Issued Without Authority of Law and Contrary to Statutory Provisions

The petitioners, five proprietary firms engaged in the business of repairing weights, measures, and scales, held valid repairing licences issued under...

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Bombay High Court Dismisses Revenue's Appeal in Severance Pay Amortization Case. ITAT's order allowing amortization of severance pay under Section 35DDA of Income Tax Act, 1961 upheld despite cessation of business.

The Commissioner of Income Tax-7, Mumbai appealed against the order of the Income Tax Appellate Tribunal (ITAT) dated 5th September 2011, which allowe...

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Bombay High Court Allows Recall of Witness in Cheque Dishonour Case Under Section 311 CrPC for Effective Cross-Examination. Petitioner Accused Granted Opportunity to Recall Complainant's Witness to Ensure Fair Trial and Just Decision.

The petitioner, Kavita Agrawal, was the accused in a criminal case under Section 138 of the Negotiable Instruments Act, 1881, pending before the Judic...