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Bombay High Court Allows Advocate Presence at Visible Distance During Customs Statement and Orders De-Sealing of Premises in Gold Smuggling Investigation. Petitioner's Right to Counsel Recognized as Harmless, and Continued Sealing Without Show Cause Notice Held Unjustified Under Sections 110 and 121 of Customs Act, 1962....

The petitioner, Kalpesh Ghevarchand Jain, filed a writ petition before the Bombay High Court seeking two reliefs: (1) recording of his statement under Section 108 of the Customs Act, 1962 in the prese...

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act for Release of Goods Withheld by Warehousing Service Provider. Court directs release of goods upon payment of admitted storage charges, holding that a bailee cannot retain goods for disputed amounts beyond the contract....

The Petitioner, Direct Logistics and Export Co. Ltd., a Hong Kong-based trading and logistics company, entered into a Service Agreement dated 21.06.2022 with the Respondent, Infinity Global Supply Cha...

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Bombay High Court Partially Allows Arbitration Petitions Challenging Award on Agreement for Sale — Refund Ordered Instead of Specific Performance. The court upheld the arbitral tribunal's refusal to grant specific performance but reduced the interest rate on refund from 8% to 6% per annum under Section 34 of the Arbitration and Conciliation Act, 1996....

The judgment concerns two arbitration petitions arising from a common arbitral award dated 31st March 2022. The dispute originated from a registered agreement dated 6th October 2003 between John Peter...

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Bombay High Court Partly Allows Writ Petition Challenging Recovery Order in Unfair Labour Practice Case — Interest Rate Reduced from 10% to 6%. The court upheld the recovery of principal amounts under Section 50 read with Section 48 of MRTU & PULP Act, 1971 but reduced the interest rate from 10% to 6% per annum....

The petitioner, Lintas India Pvt Ltd, challenged an order of the Industrial Court, Mumbai, dated 24th December 1999 in Recovery Application (ULP) No. 04 of 2018 in Complaint (ULP) No. 1161 of 1989. Th...

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High Court of Karnataka Quashes Externment Order Against Petitioner in Police Act Case — Failure to Consider Less Restrictive Measures. Order under Section 55 of Karnataka Police Act, 1963 set aside as authority did not consider whether proceedings under Section 107 of CrPC would suffice....

The petitioner, a resident of Kunigal Taluk, challenged an externment order dated 15-12-2022 passed by the Assistant Commissioner and Sub Divisional Magistrate, Tumkuru, under Section 55 of the Karnat...

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High Court of Karnataka Allows Owner's Appeal in Motor Vehicle Accident Case — Owner Not Liable for Compensation as Driver Had Valid License and Insurance Policy Covered Risk. The court held that under Section 173(1) of the Motor Vehicles Act, 1988, the insurer is liable to pay compensation when the driver has a valid license and the policy is in force....

The appellant, Sri Gopalakrishna G Nayak, owner of a Bajaj luggage carrier auto rickshaw, filed this appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 2...

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High Court of Karnataka Allows Writ Petition for Issuance of Indian Passport to Minor Born Abroad to Indian Mother — Surrender Certificate of Mother's Indian Citizenship Set Aside. Minor's Citizenship by Descent Under Section 4 of Citizenship Act, 1955 Vests at Birth and Is Not Affected by Mother's Subsequent Surrender of Citizenship....

The petitioners, Master Arya Selvakumar Priya (a minor) and his mother Dr. Priya Durairaj Selvakumar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order...

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Karnataka High Court Grants Bail to Accused in Murder Case Due to Lack of Prima Facie Evidence and Long Incarceration. The court held that call detail records alone are insufficient to establish a prima facie case for murder under Section 302 IPC, and the accused's right to speedy trial was violated due to prolonged detention without trial....

The petitioner, Mr. Narayanaswamy, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in connection with Crime No. 216/2021 registered at Kumaraswa...

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High Court of Karnataka Allows Revision Petition, Discharges Accused in Culpable Homicide Case Due to Lack of Prima Facie Evidence of Knowledge or Intent. Court holds that mere involvement in a road accident without evidence of rash or negligent driving does not attract Section 304 Part II IPC....

The revision petitioner, Kolla Bhovi, was the driver of a lorry involved in a road accident on 20.01.2013, resulting in the death of a cyclist. The complainant, Ummer Sab, alleged that the lorry hit t...