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Bombay High Court Allows Transfer of Criminal Case from Beed to Thane on Grounds of Convenience and Hardship of Wife. Court also exercises inherent power to restore dismissed DV application to avoid multiplicity of proceedings.

The applicant, Pooja Sanjay Gondage, filed a criminal application under Section 407 of the Code of Criminal Procedure, 1973 seeking transfer of RCC No...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in SARFAESI Act Dispute — Civil Suit Barred Under Section 34 of SARFAESI Act, 2002. Shareholder's Allegations of Fraud Do Not Override Statutory Bar When Secured Assets Are Involved.

The petitioner, Shashikant Gangar, a shareholder and director of Libox Chem (India) Private Limited (respondent no. 2), filed a writ petition challeng...

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Bombay High Court Quashes Amendment Order in Partition Suit for Lack of Due Diligence — Amendment Sought After Trial Concluded and Final Arguments Commenced, Allowing Addition of 12 Properties and 19 Defendants, Held to Be an Abuse of Process Under Order VI Rule 17 CPC.

The petitioner, Dashrath Shiva Korlekar, legal heir of original Defendant No. 1 (Defendant No. 1C), challenged the order dated 22.02.2024 passed by th...

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Supreme Court Allows Appeal in Limitation Dispute, Remands Suit for Trial on Merits. Issue of limitation cannot be decided as preliminary issue under Order XIV Rule 2 CPC when facts are disputed and require evidence.

The appellant, M/s Mongia Realty and Buildwell Private Limited, instituted a suit against the respondent, Manik Sethi, on 31 March 2017 under Order 37...

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for Resettlement Project Due to Unexplained Delay of 12 Years. Petitioners' challenge to 2006 order of Divisional Commissioner fails as they failed to demonstrate diligence after personal hearing in 2005.

The petitioners, four individuals who are grandchildren of the original landowner Babasaheb Khadirsaheb Pirjade, filed a writ petition in 2018 challen...

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Bombay High Court Dismisses Union of India's Appeal in Motor Accident Claim — Ex-Parte Award Upheld Due to Lack of Sufficient Evidence to Challenge Negligence Finding. Station Diary Entry Held to Have Only Corroborative Value, Not Substantive Evidence, Under Indian Evidence Act, 1872.

The case arises from a motor accident claim filed by Dnyaneshwar Mangesh Bagkar (claimant) against the Union of India (appellant) as owner of the offe...