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Bombay High Court Upholds Censure on Judicial Officer for Misconduct. Minor penalty of censure imposed under Rule 6(1)(i) of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 for accepting donations, celebrating birthday in court premises, and fraternizing with lawyers.

The petitioner, Shiwanand Bhagwanrao Kulkarni, a Civil Judge, Junior Division and Judicial Magistrate, First Class, filed a writ petition under Articl...

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Bombay High Court Allows Writ Petition Challenging Appellate Order Setting Aside Dismissal of Suit Under Order IX Rule 5 CPC — Order IX Rule 5 CPC Held Directory, Not Mandatory, and Dismissal of Suit for Non-Service of Summons Within One Year Not Automatic Where Suit Has Progressed to Evidence Stage

The case involves a writ petition filed by Smt. Zaibunnisa and Mr. Riyazur Rahim, sister and brother, against an order passed by the 6th Additional Se...

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Bombay High Court Allows Appointment of Arbitrator in Transport Agreement Dispute Despite Alleged Settlement. Arbitration clause survives termination of contract and disputes regarding compensation are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicant, United Shippers Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an...

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Bombay High Court Denies Right of Audience to Power of Attorney Holder in Civil Appeal. Recognized Agent Under Order 3 CPC Cannot Plead; Only Enrolled Advocates Have Right of Audience Under Advocates Act, 1961.

The case arose from a civil appeal (CAZ No. 93 of 2011) in the High Court of Bombay, Nagpur Bench, where the appellant, Mrs. Varsha A. Maheshwari, pro...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence. Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt Under Section 302 IPC.

The appellant, Uttam Popat Chilgar, was convicted by the Additional Sessions Judge-II, Beed, in Sessions Case No. 8/2011 for the murder of his wife un...

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Bombay High Court Allows Appeal in Suit for Possession and Mesne Profits — Held that the Trial Court Erred in Dismissing Suit for Non-Prosecution Without Considering Merits and That the Suit Was Not Abated Despite Death of Sole Proprietor as Legal Representatives Were Brought on Record.

The present appeal arises from a suit filed in 1983 by the original plaintiffs (respondents herein) against the original defendant, Bitesh Hanumantrao...

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Bombay High Court Allows Parole to Convict in Prison Law Case Due to Daughter's Illness. Health Grounds Considered Sufficient for Temporary Release Under Article 226 of the Constitution of India.

The petitioner, Dulharsingh Daulatsingh Jarhade, a convict lodged in Central Prison, Aurangabad, filed a letter petition before the Bombay High Court,...

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Bombay High Court Allows Caste Validity Claim for 'Thakur' Scheduled Tribe Based on Pre-1950 Documents Despite Adverse Entries. Pre-1950 documentary evidence of caste cannot be discarded solely on affinity test or stray entries.

The petitioners, a daughter, father, and son, filed two writ petitions challenging the common order dated 04.08.2017 passed by the Scheduled Tribe Cas...