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Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Proceedings Due to Availability of Alternative Remedy Under Section 17. Cooperative Bank's Recovery Action Upheld as Writ Not Maintainable When Statutory Remedy Exists.

The petitioners, Pimpri Chinchwad Sahakari Bank Maryadit and its Special Recovery Officer, filed a writ petition under Article 226 of the Constitution...

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Karnataka High Court Quashes Penal Back Billing Order in Electricity Theft Case — No Evidence of Tampering or Pilferage. Mere Fluctuation in Load Factor Does Not Attract Penal Provisions Under Clause 42.05 of Conditions of Supply of Electricity.

The petitioner, M/s Eureka Forbes Limited, a public limited company, owned a composite premises in Bommasandra Industrial Area, Bengaluru. In 2007, it...

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High Court of Karnataka Enhances Sentence in State Appeal Against Inadequacy of Sentence Under Section 377 CrPC. Court holds that sentence of imprisonment already undergone for offence under Section 304 Part II IPC is inadequate and enhances to 5 years rigorous imprisonment.

The State of Karnataka filed an appeal under Section 377 of the Code of Criminal Procedure, 1973 (CrPC) against the judgment dated 18.02.2010 passed b...

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High Court of Karnataka Upholds Acquittal in Murder Case Due to Lack of Evidence — Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt. The trial court's acquittal of the accused under Section 302 IPC was not perverse and did not warrant interference.

The State of Karnataka filed an appeal under Section 378(1) and (3) of the Code of Criminal Procedure, 1973 against the judgment of acquittal dated 10...

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Bombay High Court Dismisses Petition of Gram Panchayat Employee Challenging Dismissal for Indecent Behaviour. Termination Order Upheld as Gram Panchayat Had Power to Dismiss Under Section 61(1) of Maharashtra Village Panchayats Act, 1958 and Procedure of Natural Justice Was Followed.

The petitioner, Ashok Govindrao Sardar, was appointed as a Water Supply employee of Gram Panchayat Pimpalkhuta on 31 January 1986. On 12 December 2012...

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Bombay High Court Allows Discharge of Applicants in Kidnapping and Theft Case Due to Lack of Prima Facie Evidence. Mere Presence Without Overt Act or Common Intention Does Not Sustain Charges Under Sections 363, 380, 34 IPC.

The applicants, Manikrao Kale, Meher Kale, and Manish Muley, filed an application under Section 482 of the Code of Criminal Procedure, 1973, challengi...

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Bombay High Court Upholds Conviction of Appellants in Dacoity with Murder Case Based on Circumstantial Evidence and Recovery of Stolen Articles. Conviction Under Sections 396, 457, and 380 IPC Confirmed as Recovery of Stolen Ornaments Soon After Incident Establishes Guilt.

The case involves three criminal appeals filed by appellants Noora, Gorakh, and Navnath against their conviction and sentence by the Additional Sessio...

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Bombay High Court Upholds Acquittal of Accused in Attempted Theft Case Due to Lack of Evidence. Prosecution failed to prove that accused took away or attempted to take away suitcase under Section 379 r/w 511 IPC.

The State of Maharashtra appealed against the acquittal of Kailas Maganlal Khichhi, a police constable, for an offence under Section 379 read with Sec...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Back Wages for Unfair Termination of Watchman. Employer's Failure to Prove Misconduct and Lack of Domestic Enquiry Renders Dismissal Illegal Under Industrial Disputes Act, 1947.

The original petitioner, Bhimrao Rambhau Abhang, was employed with the respondent, Kohinoor Engineering Company, a partnership firm, since June 1961 a...