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Bombay High Court Quashes FIR in Maharashtra Animal Preservation Act Case Due to Lack of Proof of Cow Species. Court holds that mere recovery of animal skins without conclusive evidence of being cow species does not constitute an offence under Sections 5 and 9 of the Maharashtra Animal Preservation Act, 1976....

The applicant, Shafiqullaha Kha Ashfaqullha Kha, was the driver of a Pick Up Bolero van bearing registration No. MH-37/J-1153. On 15 July 2018, a First Information Report (FIR) was registered at Polic...

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Bombay High Court Dismisses Stay Application in Arbitral Award Challenge — No Automatic Stay Under Section 36 of Arbitration Act Without Strong Prima Facie Case. Court holds that mere filing of Section 34 petition does not warrant stay; applicant must demonstrate irreparable harm and balance of convenience....

The judgment concerns an interim application filed by Kishor N Shah and others (the Shahs) under Section 36 of the Arbitration and Conciliation Act, 1996, seeking a stay on the execution of an arbitra...

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Bombay High Court Dismisses Petition Challenging Withdrawal of Composite Suit for Trademark and Design Infringement with Liberty to File Separate Suits. Trial Court Retains Jurisdiction to Permit Withdrawal Despite Section 19 Defence Under Designs Act, 2000, as Section 22(4) Does Not Mandate Immediate Transfer....

The petitioner, Essdee Industries, challenged an order of the District Court at Pune that allowed the respondent, Esbee Eectrotech LLP, to withdraw its composite suit for infringement of registered tr...

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High Court of Karnataka Quashes Lokayukta Entrustment in Departmental Enquiry — Lack of Consultation with Vigilance Commission. Entrustment of enquiry to Lokayukta without prior consultation with Karnataka State Vigilance Commission under Section 9(3) of Karnataka Lokayukta Act, 1984 is invalid and unsustainable....

The petitioners, employees of the Karnataka Rural Infrastructure Development Corporation, challenged the order dated 29.10.2018 of the Managing Director entrusting a departmental enquiry against them ...

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High Court of Karnataka Acquits Accused in POCSO Case Due to Inconsistent Evidence. Conviction under Sections 376 IPC and 6 of POCSO Act set aside as victim's testimony was unreliable and medical evidence did not support prosecution case....

The appellant, Sri Paramesha, was convicted by the Additional Sessions and Special Judge, Hassan in Special Case No.146/2014 for offences under Sections 448, 376 IPC and Section 6 of the Protection of...

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High Court of Karnataka Acquits Accused in Cruelty by Husband Case Due to Inconsistent Evidence and Lack of Corroboration. Allegations of Dowry Demand and Harassment Under Section 498A IPC Fail as Prosecution Witnesses Turn Hostile and Material Contradictions Remain Unexplained....

The petitioner, Sadananda Naik, was convicted by the JMFC (III Court), Mangalore, in C.C. No. 5099/2007 for the offence punishable under Section 498A of the Indian Penal Code, 1860 (IPC), and sentence...

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Bombay High Court Allows Writ Petition Challenging Tribunal's Order in Service Transfer Dispute — Transfer on Request Cannot Be Challenged; Tribunal's Direction for Reconsideration Set Aside....

The petitioner, Ganesh Jairam Jagdale, a Tahsildar, challenged a common judgment dated 22/10/2020 of the Maharashtra Administrative Tribunal, Nagpur Bench, in Original Application No.597/2020. The pet...

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Bombay High Court Upholds Life Conviction for Murder Based on Circumstantial Evidence and Motive. Acquittal of Co-accused Maintained Due to Lack of Evidence of Common Intention....

The case involves two appeals arising from a common judgment of the Sessions Judge, Washim in Sessions Case No. 9/2016. The appellant in Criminal Appeal No. 6/2017, Ambadas Kisan Gadekar, was convicte...

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High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Inference of Insurance Drawn from Form Comp AA and Charge-Sheet. The court held that the insurer failed to disprove the existence of the policy, and the claimant's income from vegetable selling and future prospects require consideration for enhancement....

The New India Assurance Co. Ltd. appealed against the award of the Motor Accident Claims Tribunal, challenging the finding that the offending truck was insured with them and the quantum of compensatio...