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Bombay High Court Allows Appeal Against Return of Plaint in Suit for Specific Performance of Land in Delhi. Leave under Clause XII of Letters Patent Granted by High Court Survives Transfer to City Civil Court Under Section 16(d) CPC.

The appellant, Nouveau Exports Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 20th October 2000 in respect of propert...

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Bombay High Court Allows Appeal in Income Tax Case — Disallowance of Business Expenditure Set Aside. Tribunal erred in disallowing Rs.11,76,540/- as business expenditure under Income Tax Act, 1961 without proper appreciation of evidence.

The appellant-assessee, Indian Galvanics Cyrium Foils Ltd., a closely held industrial company engaged in manufacturing copper foils at Gandhi Nagar, f...

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Supreme Court Allows Appeal in Wakf Eviction Suit, Restoring Tribunal's Decree. Suit for Eviction of Tenant from Wakf Property Held Maintainable Before Wakf Tribunal Under Section 83 of Wakf Act, 1995, and Properties Established as Wakf Through Gazette Notification.

The dispute involved the Telangana State Wakf Board and the Mutawalli of a registered Wakf institution (appellants) against Mohamed Muzafar (responden...

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Bombay High Court Upholds Life Sentence for Father Who Killed 9-Month-Old Son by Throwing Him on Road and Stamping on His Neck — Conviction Under Section 302 IPC Confirmed Based on Testimony of Mother and Medical Evidence.

The appellant, Shrimant Bapu Barde, was convicted by the Additional Sessions Judge, Solapur, for the murder of his 9-month-old son Balu under Section ...

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Bombay High Court Acquits Appellants in Murder Case Due to Lack of Credible Evidence and Unreliable Circumstantial Links. Conviction under Section 302 IPC set aside as prosecution failed to prove motive and last seen theory beyond reasonable doubt.

The appellants, Manik s/o Hiraman Rathod and Balu s/o Bhaurao Rathod, were convicted by the Sessions Judge, Beed in Sessions Case No.149 of 2004 for t...

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Supreme Court Grants Leave to Appeal Against High Court's Order Modifying Police Custody Conditions in Custodial Death Case. The State of Andhra Pradesh contends that mandatory videography and advocate presence during interrogation under Section 187 BNSS impinge upon the investigating agency's autonomy.

The case pertained to a custodial death investigation where the respondent, a police inspector, was accused of offences under the Bharatiya Nyaya Sanh...

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Supreme Court Sets Aside High Court Order Permitting Recall and Reopening of Evidence in Civil Suit Due to Impermissible Filling of Lacunae. Recalling Witness Under Order XVIII Rule 17 CPC Cannot Be Used to Adduce Additional Evidence After Deletion of Rule 17A, Especially When Prior Admissions Exist.

The dispute arose from a civil suit filed in 2010 seeking declaration of ownership and permanent injunction over certain properties. The appellant, de...

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Supreme Court Dismisses Petition of Directly Recruited District Judges Seeking Elevation as High Court Judges by Clubbing Advocate Experience with Judicial Service. Article 217(2) of the Constitution Prescribes Separate Eligibility Criteria for Judicial Officers and Advocates, Which Cannot Be Combined.

The petitioners, eight directly recruited District Judges in Tamil Nadu, sought elevation as High Court judges. They argued that their experience as a...

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Bombay High Court Awards Compensation for Illegal Arrest and Detention by Executive Magistrate in Chapter Proceedings. Petitioner's Fundamental Right to Life and Liberty Under Article 21 Violated as Order Under Section 122 CrPC Passed Without Proper Inquiry Under Section 111 CrPC.

The petitioner, Amol Bharat Khule, filed a Criminal Writ Petition under Article 226 of the Constitution of India and Section 482 of the Criminal Proce...