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Bombay High Court Partly Allows Appeal by Transport Corporation Reducing Compensation in Fatal Accident Case. Multiplier reduced from 13 to 7 for deceased aged 74, upholding 50% contributory negligence....

The case arises from a motor accident on 13.04.2012 when a bus owned by M/s. Kadamba Transport Corporation Ltd. (appellant) and driven by respondent no.1 Satendra Dessai hit a scooter driven by the de...

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High Court of Bombay at Goa Acquits Appellant in Attempt to Murder Case Due to Inconsistent Evidence and Probable Defence. Conviction under Section 307 IPC set aside as the accused's explanation under Section 313 CrPC was corroborated by prosecution evidence and established on preponderance of probability....

The appellant, Sarita Gaonkar, was convicted by the Additional Sessions Judge, Panaji, sitting at Ponda Goa, for an offence punishable under Section 307 of the Indian Penal Code (IPC) and sentenced to...

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Bombay High Court Dismisses State Appeal Against Acquittal in Rape and Atrocities Case — Inconsistent Testimony and Lack of Corroboration Lead to Upholding of Acquittal. The court found that the prosecution failed to prove the charges under Sections 376, 504, 506 IPC and Section 3(2)(xii) of the SC/ST Act beyond reasonable doubt....

The State of Maharashtra appealed against the acquittal of the respondent, Shailesh Sadashiv Mohite, for offences under Sections 376, 504, 506 of the Indian Penal Code (IPC) and Section 3(2)(xii) of t...

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Bombay High Court Allows Petition Challenging Cancellation of Approval for Junior Clerk Appointment — Government Resolution Cannot Apply Retrospectively to Advertisement Issued Prior to Resolution....

The petitioner, Welcome Augusten Mascaren, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an order dated 23rd October, 2018 passed by the...

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Bombay High Court Upholds Domicile-Based Priority in MBBS Admissions — First Priority Rule Requiring Study from VIII to XII in Union Territory Upheld as Reasonable Classification. Rule 4(a) of Admission Prospectus for NAMO Medical College, Silvassa, held valid and not violative of Article 14 of Constitution....

The petitioner, a domicile of Dadra & Nagar Haveli, appeared for NEET-2020 and secured 502 marks. She applied for MBBS admission at NAMO Medical Education & Research Institute, Silvassa, the only gove...

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Bombay High Court Allows Secured Creditor's Priority Over Sales Tax Dues in MVAT Act Attachment Dispute. State Bank of India's mortgage charge on borrower's property held superior to VAT recovery under Section 32 of MVAT Act, 2002, following Central Bank of India v. State of Kerala ratio....

The State Bank of India (SBI), a secured creditor, filed a writ petition under Article 226 of the Constitution challenging the attachment of a property (Plot No. W-7) belonging to its borrower, Krishn...

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Bombay High Court Allows Petitions Challenging Commissioner's Jurisdiction Under Section 16(2) of Maharashtra Village Panchayats Act, 1959 — Commissioner Cannot Entertain Appeal Against Collector's Refusal to Disqualify Under Section 14B....

The petitioners, Mrs. Shobhabai Narayan Shinde and Mrs. Sunita Nana Bhil, filed separate writ petitions before the Bombay High Court, Aurangabad Bench, challenging an order passed by the Divisional Co...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Dagadu Vishvanath Gaikwad, was convicted under Section 302 IPC for the murder of his wife Sunita. The prosecution's case was based on circumstantial evidence including motive, last seen...

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High Court Allows Appeal in Entry Tax Case — Lubricants Not 'Petroleum Products' Under Karnataka Entry Tax Act. Synthetic and petroleum-based lubricants imported under Customs Tariff Chapters 34 and 37 are not covered by the definition of 'petroleum products' in Section 2(6) of the Karnataka Entry Tax Act, 1979, and thus not liable to entry tax....

The appellant, M/s. Kluber Lubrication (India) Pvt Ltd, a private limited company registered as a dealer under the Karnataka Value Added Tax Act, 2003 and the Central Sales Tax Act, 1956, is engaged i...

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Bombay High Court at Goa Dismisses PIL Alleging Illegal Construction and Environmental Violations in Navelim — No Specific Violation of Law Found. The court held that the petitioners failed to establish any illegality in the constructions or environmental violations, and the authorities were taking adequate steps....

The petitioners, Navelim Civic & Consumer Forum and six residents, filed a Public Interest Litigation before the Bombay High Court at Goa alleging illegal constructions, environmental degradation, and...