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Bombay High Court Upholds Co-operative Appellate Court's Order Setting Aside Termination and Awarding Compensation in Lieu of Reinstatement. Employee's termination by Suvarnayug Sahakari Bank set aside; compensation of Rs. 35,00,000 awarded instead of back-wages....

The judgment concerns three writ petitions arising from a dispute between Suvarnayug Sahakari Bank Ltd. (the Bank) and its former employee, Suresh Shivajirao Kale. The Bank had terminated Kale's servi...

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Karnataka High Court Considers Second Appeal in Property Dispute: Unregistered Sale Deed and Adverse Possession. The Substantial Questions of Law Include Whether Unregistered Sale Deed Can Be Used Collaterally to Establish Possession for Adverse Possession....

The present regular second appeal was filed by the legal representatives of the original plaintiff, Sudheendra Rao Kasabe, challenging the judgment and decree dated 10.10.2011 passed by the Addl. Seni...

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High Court of Karnataka Allows Writ Petition Challenging Passport Refusal in Matrimonial Dispute — Passport Authority Directed to Re-issue Passport Without Show Cause Notice Violates Natural Justice. Refusal to Re-issue Passport on Ground of Pending Criminal Case Without Affording Hearing Under Section 5(2) of Passports Act, 1967 is Invalid....

The petitioners, Darshan Gurudas Vernekar (first petitioner) and his father Gurudas Vishnu Vernekar (second petitioner), filed a writ petition under Articles 226 and 227 of the Constitution of India c...

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High Court Quashes Order Dismissing Application for Non-Filing of Certified Copy of Arbitral Award — Filing of Certified Copy is Mandatory Under Section 34(3) of Arbitration and Conciliation Act, 1996. The court held that an application under Section 34 without certified copy is not maintainable and cannot be cured under Section 151 CPC....

The petitioners filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Principal District and Sessions Judge, Ballari, dated 24/08/2023, which dismi...

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High Court of Karnataka Allows Writ Petition in Part in Specific Performance Suit — Reduces Penalty on Insufficiently Stamped Agreement of Sale and Family Settlement Deed. The court directed acceptance of reduced penalty amounts of Rs.2,200/- and Rs.100/- respectively and admission of documents in evidence, quashing the trial court's order on duty and penalty....

The petitioner, J. Ramappa, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwad, challenging an order dated 25-11-2020 passed by...

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High Court of Karnataka Allows Writ Petition Challenging Rejection of Counter Claim in Suit for Permanent Injunction — Counter Claim Held Maintainable Despite Pendency of Earlier Suit. The court held that a counter claim arising out of the same transaction cannot be rejected under Order VII Rule 11(d) CPC on grounds of res judicata or lack of cause of action....

The petitioner, Rajeev Gandhi Gruha Nirmana Sahakari Sangha, filed a suit for permanent injunction against the respondent, Smt. Sulochana, in O.S. No. 273/2020 before the III Additional Civil Judge an...

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High Court of Karnataka Allows Appeal in Commercial Arbitration Dispute Over Supply of Gloves — Restores Arbitral Award with 18% Interest. The Commercial Court's interference with the arbitral award on interest rate and remand for quantification was beyond the scope of Section 34 of the Arbitration and Conciliation Act, 1996....

The appeal arises from a commercial dispute between M/s Ethix Alloy (appellant) and HLL Lifecare Limited (respondent) concerning a contract for the supply of latex examination gloves. The appellant su...

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Bombay High Court Allows Appeal in Railway Accident Claim — Death of Passenger Due to Fall from Train Held Untoward Incident. Railway's Defence of Self-Inflicted Injury Rejected as Deceased Was a Bona Fide Passenger with Valid Ticket Under Section 124-A of Railways Act, 1989....

The appeal was filed by the parents of the deceased Dinesh, who died on 24.05.2013 after falling from a running train. The deceased had purchased a journey ticket and boarded the Puri-Ahmedabad Expres...

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Bombay High Court Allows Appeal in Railway Accident Claim — Death of Passenger Due to Fall from Train Held Untoward Incident. Mother of Deceased Entitled to Compensation Under Section 124-A of the Railways Act, 1989 as Negligence Not a Defence....

The appeal was filed by the mother of the deceased, Dinesh, challenging the judgment of the Railway Claims Tribunal, Nagpur, which rejected her claim for compensation. The deceased had purchased a jou...

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Bombay High Court Upholds Conviction of Accused in Wildlife Offence Case Based on Confessional Statements and Recoveries. Confessional statements made to forest officers under Section 50 of the Wild Life (Protection) Act, 1972 are admissible and sufficient for conviction when corroborated by recovery of wild animal meat and weapons....

The case pertains to a criminal revision application filed by five accused (Nos. 8, 9, 10, 11, and 13) challenging their conviction and sentence under the Wild Life (Protection) Act, 1972. The prosecu...