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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Failure to Prove Circumstantial Chain. Conviction under Sections 302, 201, 379 IPC read with 34 IPC set aside as prosecution failed to establish guilt beyond reasonable doubt.

The case pertains to the murder of Nilesh, whose body was found in a suitcase near a temple. The appellants, Prajakta Shyam Shelar and Prafulla Mahend...

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Bombay High Court Dismisses Legal Representatives' Petition Against Eviction Decree for Subletting Without Consent. Subletting of Tenanted Premises Without Landlord's Consent Constitutes Unauthorized Transfer Under Section 15 of the Maharashtra Rent Control Act, 1999.

The petitioners, legal representatives of the original tenant Vatsala Krishna Jadhav, challenged the eviction decree passed against them by the courts...

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Bombay High Court Upholds Life Imprisonment for Murder Based on Circumstantial Evidence and Motive of Illicit Relationship. Conviction under Section 302 read with Section 34 IPC sustained as chain of circumstances including last seen, recovery of weapon, and motive was complete.

The appeal is directed against the judgment and order dated 3rd February, 2009 passed by the learned Additional Sessions Judge, Mumbai in Sessions Cas...

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Bombay High Court at Goa Allows Writ Petition Challenging Execution Order in Eviction Suit — Mundkar Claim Rejected, Adverse Possession Not Proven. The executing court erred in dismissing execution on the ground of adverse possession when the decree was valid and the issue was already decided.

The petitioners, Miss Aura Serafina Crispina de Souza and Miss Agnes Felicia de Souza, are the original decree-holders who obtained an eviction decree...

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Bombay High Court Dismisses Summary Judgment in Security Deposit Recovery Suit — Triable Issues Raised on Forfeiture Clause and Interest Claim. Leave and Licence Agreement's Clause 14(c) Permitting Forfeiture of Deposit for Overstay Creates Triable Issue, Precluding Summary Judgment Under Order 37 CPC.

The plaintiff, RMC Readymix (I) P.ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Kanayo Khubcha...

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Bombay High Court Dismisses Defendant's Appeal in License vs. Tenancy Dispute — Written License Agreement Governs Relationship. Court Holds That Defendant Failed to Prove Oral Tenancy, and Civil Court Has Jurisdiction.

The case involves a dispute between the plaintiff, Mrs. Rosario Boventura Fernandes, and the defendant, Shri Indrakant Shankar Mambro, over a parcel o...

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Bombay High Court Allows Landlord's Petition, Upholds Ex Parte Eviction Decree Against Tenant for Subletting. Tenant's Delay in Seeking to Set Aside Decree Not Condoned as Reliance on Advocate's Assurance Without Follow-Up Does Not Constitute Sufficient Cause Under Article 123 of Limitation Act, 1963.

The petitioner, Smt. Taramati Bhagwandas Vithlani, is the owner of a chawl in Kurla, Mumbai. The first respondent was a tenant in Room No.238. The pet...

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Bombay High Court Allows Second Appeal in Eviction Suit, Holds That Successive Short-Term Agreements Create License Not Tenancy Under Goa Rent Control Act. The court restored the trial court's decree of eviction, finding that the defendant was a licensee whose license had expired.

The case involves a second appeal by the plaintiff, Maria Manuela Piedade Bernadete Tereza Quiteria Moniz, against the judgment of the First Appellate...

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Bombay High Court Allows Landlord's Petition for Production of Documents in Civil Suit — Liberal Approach Under Order 7 Rule 14 CPC. Public Documents Can Be Produced at Any Stage; Requirement of Sufficient Cause Deleted by Amendment.

The petitioner, Smt. Chitrakala Fal Dessai, was the original plaintiff in Regular Civil Suit No. 25/98 pending before the Civil Judge Junior Division,...