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Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

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Bombay High Court Allows Teachers' Petitions Challenging Refusal of Approval and Salary — Education Officer Cannot Refuse Approval on Ground That Vacancy Arose Prior to Government Resolution Dated 29-10-2005. Teachers Entitled to Salary from Date of Initial Appointment.

The judgment concerns a batch of writ petitions filed by teachers who were appointed by various educational institutions in Maharashtra. The Education...

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Bombay High Court Allows Petition in MPDA Act Preventive Detention Case Due to Non-Arrest in Core Crimes. Non-arrest in predicate offences renders preventive detention unjustified as ordinary law control measures were adequate.

The petitioner, Hanif Karim Laluwale, challenged a preventive detention order passed under the Maharashtra Prevention of Dangerous Activities of Sluml...

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Bombay High Court Directs MCGM to Consider New Building Proposal Application Under Section 44 of MRTP Act on Merits. The court held that each application must be decided independently and the MCGM cannot refuse to consider a fresh application based on earlier rejections.

The petitioners, Kaalkaa Real Estates Private Limited and its director Kanta Ramchandra Rane, filed a writ petition under Article 226 of the Constitut...

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High Court of Karnataka Dismisses Writ Petition Challenging Land Acquisition Awards for Irrigation Project — Petitioner's Title Not Established as Owner of Acquired Lands. Petitioner claiming tenancy cannot challenge acquisition without established title.

The petitioner, Ugar Sugar Works Limited, a public limited company, filed a writ petition under Articles 226 and 227 of the Constitution of India chal...

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High Court of Karnataka Dismisses Petition Seeking Reinvestigation in Dowry Death Case — No Grounds to Interfere with Police Final Report. The court held that the power to order reinvestigation is to be exercised sparingly and only in exceptional circumstances, which were not present.

The petitioner, father of the deceased, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 Cr.P.C. se...

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Bombay High Court Acquits Appellants in Murder Case Due to Inconsistent Circumstantial Evidence and Unproven Motive. Conviction under Sections 302, 201, 498-A IPC and Section 4 of Dowry Prohibition Act Set Aside as Prosecution Failed to Establish Complete Chain of Events.

The case involves an appeal against the conviction of Motiram and Sumanbai Phad for the murder of the appellant's wife, Surekha, who died due to burn ...