Bombay High Court
Probate Court Cannot Decide Title Disputes; Person Challenging Testator's Ownership Is Stranger To Proceedings: Bombay High Court
The Bombay High Court has held that questions relating to title or ownership of property cannot be adjudicated in probate proceedings and that a person who challenges the testator's title to the property bequeathed under a will is a stranger to probate jurisdiction. The Court observed that probate proceedings are confined to examining the genuineness and due execution of the will, and any...
Civil Court Can Use Section 151 CPC To Dismiss Suit As Infructuous If Cause Of Action Ceases: Bombay High Court
The Bombay High Court has held that a civil court can exercise its inherent jurisdiction under Section 151 of the Code of Civil Procedure, 1908, to dismiss a suit as infructuous when subsequent events render the original cause of action non-existent. The Court observed that it is the duty of the court to terminate infructuous litigation, and it cannot retain such suits merely to preserve...
Improper Joinder Of Causes Of Action Not Grounds To Reject Plaint Under Order VII Rule 11: Bombay High Court
The Bombay High Court has held that an objection regarding improper joinder of causes of action raises a triable issue and cannot be a ground for rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure. The Court observed that such objections require adjudication on evidence and cannot justify dismissal of a suit at the threshold.Justice Gauri Godse was hearing an...
NDPS Act | Prosecution Must Prove Actual Cultivation Of Cannabis, Mere Presence On Land Not Enough: Bombay High Court
The Bombay High Court has held that in cases involving the alleged cultivation of cannabis under the NDPS Act, the burden lies on the prosecution to establish through cogent evidence that the accused was actually cultivating the plants, and not merely present at the spot or named in land records. The Court observed that asking the accused to prove that he was not cultivating the land would...
“Unjust To Sustain Departmental Findings After Acquittal On Identical Evidence”: Bombay High Court Quashes CISF Officer's Dismissal
The Bombay High Court has held that dismissal from service based on findings in departmental proceedings cannot be sustained where the delinquent employee has been acquitted in a criminal trial arising from the same incident and based on identical evidence. The Court observed that where the charges, witnesses, evidence, and circumstances in both proceedings are substantially the same,...
Scheme For Reserving 25% Seats Under RTE Cannot Be Used Multiple Times For Admission Of Same Child: Bombay High Court
The scheme for reserving 25 per cent seats for the underprivileged under the Right To Education (RTE) Act is designed to distribute educational opportunities among as many eligible children but the said scheme does not confer a right on a parent to seek allocation of a seat multiple times for the same child, held the Bombay High Court recently. A division bench of Justice Vibha Kankanwadi...
“Clerical Error In Name Cannot Defeat Statutory Right”: Bombay High Court Orders Reconsideration Of Railway Death Compensation Claim
The Bombay High Court has held that a compensation claim arising out of a railway accident cannot be rejected merely because there is a minor variation in the passenger's name appearing on the season ticket when the identity card number mentioned on the ticket matches and establishes the identity of the passenger. The Court observed that if the identity of the passenger is otherwise...
Distance Bar For RTE Admissions In Private Schools Defeats Purpose Of Act: Bombay High Court Tells State To Scrap Limit
The Bombay High Court has directed the Maharashtra government to remove the distance limit imposed for admissions under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), observing that such restrictions may defeat the purpose of provision under Section 12(1)(c) of the RTE Act.A division bench of Justices Anil L. Pansare and Nivedita P. Mehta was hearing a public...
“Partition Rights Can't Be Decided On Technicalities”: Bombay High Court Allows Written Statement After 8-Yr Delay
The Bombay High Court has held that delay in filing a written statement may be condoned in partition suits where denial of such opportunity would prevent effective adjudication of the rights of the parties. The Court observed that refusal to permit a defendant to file a written statement may hinder proper determination of rights in the property and prolong the litigation.Justice Ajit...
Bombay High Court Orders Partition Of Yerawada Property In Suit Pending Since 1950, Closes 75-Year-Old Family Dispute
The Bombay High Court has ordered the partition of a property in Pune's Yerawada area, bringing partial closure to a family dispute that has been pending since 1950. The Court directed that the remaining portion of the land be divided among the concerned parties according to a plan prepared by an architect and approved by the Court.Justice Farhan P. Dubash was hearing proceedings in...
Bombay High Court Closes Plea On LPG Shortage After Centre Assures Issue Being Handled At Diplomatic Levels
The Bombay High Court on Tuesday closed a petition highlighting the shortage of LPG cylinders for local consumers, after the Central Government assured that it is taking all possible steps both internationally and domestically to ensure there is no hardship to citizens. A division bench of Justice Anil Kilor and Justice Raj Wakode took into account the affidavit filed through Solicitor...
“Salary Cannot Be Held Hostage To Bureaucratic Delay”: Bombay HC Raps Authorities Over Pending Shalarth Proposals, Fixes 60-Day Timeline
The Bombay High Court has expressed serious concern over the practice of education authorities keeping proposals relating to teachers' inclusion in the Shalarth system pending for months or even years, resulting in teachers being deprived of their lawful salaries. The Court observed that once the appointment of a teacher on an aided post has been duly approved, inclusion of the teacher's name...