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Bombay High Court Allows Second Appeal in Property Injunction Suit — Condonation of Delay Principles Reiterated. First Appellate Court erred in rejecting delay condonation application by applying strict limitation principles instead of liberal approach under Section 5 of Limitation Act, 1963.

The case involves a second appeal arising from a property dispute. The plaintiff, Vinay Madhukar Kulkarni, filed Regular Civil Suit No.155 of 2007 for...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Unexplained Delay in Execution. The Court Held That a 19-Day Gap Between Passing and Service of Detention Order Without Explanation Violates the Detenu's Right to Make a Representation Under Article 22(5) of the Constitution.

The petitioner, Vishnu @ Bablu Vasant Gawali, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Of...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency.

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-...

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Bombay High Court Upholds Conviction for Food Adulteration Under Prevention of Food Adulteration Act, 1954 — Groundnut Oil Sample Found Adulterated. Accused's Conviction for Selling Adulterated Groundnut Oil and Carrying on Business Without License Confirmed by Appellate and Revisional Courts.

The case involves two criminal revision applications filed by Jairam Shadija, the accused, challenging the order dated 28.08.2015 passed by the learne...

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Bombay High Court Quashes Criminal Proceedings Against Director in Drugs and Cosmetics Act Case Due to Lack of Vicarious Liability. Non-executive director cannot be held liable under Section 34 of Drugs and Cosmetics Act, 1940 without specific averments of being in charge of business.

The applicant, Devendra Vinaykant Sheth, was original accused No. 7 in R.C.C. No. 686 of 2004 pending before the Chief Judicial Magistrate, Ahmednagar...

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High Court of Judicature at Bombay, Aurangabad Bench, Adjudicates Appeals Against Conviction in Murder and Arson Case. Evidentiary Value of Dying Declarations and Testimony of Related Witnesses Under Scrutiny for Offences Under Sections 302, 147, 148, 324, 436, 440, 448, 449 r/w 149 IPC.

The matter arose from two criminal appeals filed against the judgment and order of conviction dated 11.4.2011 passed by the Sessions Judge, Parbhani, ...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay in Execution and Consideration of Representation. Delay of Over Five Months in Executing Detention Order and Three Months in Considering Representation Violates Article 22(5) of Constitution and Section 3(1) of COFEPOSA Act.

The petitioner, a friend of the detenu Mohd. Kunhi Kallattra, challenged a detention order dated 28.2.2002 issued by the Secretary (Preventive Detenti...

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High Court of Judicature at Bombay Upholds Arbitral Award in Favor of Oil Corporation in Kerosene Supply Contract Dispute. Arbitrator Had Rejected Limitation Defense Under Contractual Clause and Held Clause Not Void Under Section 28 of Indian Contract Act.

The matter arose from an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the original respondent in the ...

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High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Suit for Recovery of Money — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...