Criminal Procedure Code, 1973—Section 245(2)—Dismissal of complaint for want of prosecution—Effect of dismissal—Discharge of accused—Appeal and revision—Restoration of complaint by legal heirs after death of original complainant—Legal position—Once complaint dismissed under Section 245(2) Cr.P.C. resulting in discharge (acquittal), complaint cannot be revived by subsequent application—Legal heirs cannot continue dismissed complaint; at most, independent complaint may be filed—Revision court's order setting aside dismissal and restoring complaint held erroneous—Trial court rightly dismissed complaint upon application—Sessions Court's revision allowing restoration of complaint set aside—Petition allowed. ...

A. Specific Relief Act, 1963—Section 20—Discretionary Relief—Specific performance of contract relating to ancestral joint family property cannot be granted without consent of all co-sharers or proof of legal necessity—The appellate court erred in reversing the trial court’s findings without addressing these aspects or providing cogent reasons. The court must decline relief where the agreement stands cancelled or unenforceable. (Paras 27, 28, 29, 33, 34, 37) B. Civil Procedure Code, 1908—Section 100—Second Appeal—Reversal of the trial court’s factual findings by the first appellate court is unsustainable without proper discussion or reasoning—Appellate courts must record cogent reasons for disagreeing with the trial court. (Para 32) C. Transfer of Property Act, 1882—Se...

A. Arbitration and Conciliation Act, 1996—Sections 16, 34, 5, 37—Writ Petition against Arbitrator’s Jurisdictional Order—High Court’s interference limited to cases of patent lack of jurisdiction, glaring jurisdictional defects, absence of remedy, or bad faith—Emphasis on minimal judicial intervention to preserve arbitral process—Petition dismissed as impugned order did not demonstrate manifest lack of jurisdiction or perversity. (Paras 11–14, 16) B. Maharashtra Ownership of Flats Act, 1963 & Cooperative Societies Act, 1960—Arbitration Agreement—Society’s Binding by Arbitration Clause in Agreements for Sale—Society formed by flat purchasers is a corporate entity deriving rights from Agreements for Sale—Though not a third party, society is bound by arbitrat...

A. Civil Procedure Code, 1908—Section 24—Transfer of Proceedings—Jurisdiction of Bombay High Court—The Bombay High Court, being the common High Court for both Maharashtra and Goa, is competent to order a transfer of proceedings from a court in Goa to a court in Maharashtra under Section 24 CPC, notwithstanding challenges based on the High Court Appellate Side Rules. (Paras 28–36) B. Civil Procedure Code, 1908—Section 24—Investigator's Opinion vs—Judicial Findings. While opinions in charge sheets do not constitute proof of guilt, judicial findings in a related criminal case establishing a nexus between an accused and a particular organization can justify a reasonable apprehension in civil proceedings. (Paras 47, 49, 50, 51, 53, 54) C. Civil Procedure Code, 1908—Section 24&mdas...

A. Protection of Women from Domestic Violence Act, 2005—Sections 17, 26—Right to Reside in Shared Household—Matrimonial Home—A woman in a domestic relationship has the statutory right to reside in the shared household, irrespective of whether she has ownership, title, or tenancy rights in the property—This right prevails over conflicting provisions of other laws, emphasizing the protective object of the Act. (Paras 24, 27, 30, 41, 43) B. Protection of Women from Domestic Violence Act, 2005—Sections 2(f), 2(s)—Definitions of ‘Domestic Relationship’ and ‘Shared Household’—The definition of "shared household" includes any premises where the aggrieved person has lived in a domestic relationship, regardless of legal title or tenancy—The Supreme Court has...

A. Maharashtra Rent Control Act, 1999—Section 24—Jurisdiction of Competent Authority—Eviction of Licensee—The Competent Authority under Section 24 is empowered only to adjudicate eviction claims arising from expired written license agreements—It cannot entertain disputes involving third parties or determine rights based on alternative legal relationships—A duly executed written license agreement is conclusive evidence of the licensor-licensee relationship and its terms. (Relevant facts) B. Leave and License Agreements—Successive Registrations—Binding Nature—Parties who enter into successive registered leave and license agreements are bound by the express terms of such agreements—Alleged collateral arrangements do not alter or override the formal licensor-licensee relationship ...

A. Maharashtra Public Trusts Act, 1950—Section 36(1)—Sanction for Sale of Immovable Property—Requirement of Justification—Before granting sanction for alienation of trust property, the Charity Commissioner must be satisfied that the sale is necessary for the interest, benefit, or protection of the trust. In the absence of specific and cogent reasons in the application, such sanction cannot be granted. (Relevant facts) B. Maharashtra Public Trusts Act, 1950—Section 36(1)—Scope of Charity Commissioner's Powers—The authority of the Charity Commissioner under Section 36(1) is not confined to merely approving or rejecting a proposed transaction. It includes the power to invite bids and direct sale to the highest or most suitable bidder in furtherance of the trust’s interest, subject to a j...

A. Maharashtra Stamp Act, 1958—Sections 47(c)(5) and 48(1)—Refund of Stamp Duty—Development Agreement—Limitation Period—The petitioner is entitled to a refund of stamp duty paid on a development agreement that was subsequently cancelled due to failure of the transaction—The refund application, filed within two years from the date of the cancellation deed, falls within the limitation period prescribed under the proviso to Section 48(1) for such instruments. (Para 17) B. Maharashtra Stamp Act, 1958—Section 48(1) Proviso—Interpretation—Development Agreement Treated as Conveyance—For the purpose of the proviso to Section 48(1), development agreements where stamp duty has been paid under Article 25 of Schedule I are to be treated on par with conveyance instruments, even if they are...

A. Commercial Courts Act, 2015—Section 13(1-A)—Appeal against Order Granting Temporary Injunction—Appellate Review of Discretion—While entertaining an appeal under Section 13(1-A) against an order granting a temporary injunction, the High Court is not to interfere with the discretion exercised by the lower court unless such discretion is shown to be arbitrary, capricious, perverse, or based on an incorrect application of legal principles—Interference is justified only if the impugned order suffers from such infirmities. (Para 42) B. Civil Procedure Code, 1908—Order 39 Rules 1 & 2—Temporary Injunction—Continuation of Status Quo—The fact that the restraint order had been in force for four years was relevant in considering whether the status quo should be maintained—In the ab...

A. Criminal Procedure Code, 1973—Section 155—Lookout Circular (LOC)—Quashing of LOC—Petitioner, a foreign national (Singapore citizen), sought quashing of a Lookout Circular and return of passport and OCI card in connection with an FIR registered under Section 420 read with Section 34 IPC. FIR was at the investigation stage since 2019 with no definite timeline for trial, particularly as co-accused remained abroad—Petitioner was arrested in 2024 based on LOC, which the court held to be illegal—Considering the petitioner’s cooperation in the investigation, production of relevant documents, and the undertakings furnished—including financial security and periodic reporting to the Indian Embassy—the court quashed the LOC and directed release of passport and OCI card—It noted that cont...