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Karnataka High Court Quashes Trial Court Order Summoning Plaintiff for Cross-Examination Without Examination-in-Chief Under Section 138 of Indian Evidence Act, 1872. Plaintiff Not Examined-in-Chief Cannot Be Compelled for Cross-Examination, and Defendant Cannot Summon Plaintiff as Own Witness Following Privy Council Precedent....

The petitioner, as plaintiff in an injunction suit (O.S. No. 1963/2002), challenged a trial court order dated 15.10.2019 that allowed the respondent-defendant's applications (I.A. Nos. 58 and 59) summ...

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High Court Allows State's Appeal Against Order Directing Payment of Additional Interest Under Land Reforms Act. Order of Assistant Commissioner Granting 11.16% Interest Set Aside as Contrary to Section 51(1)(b) of Karnataka Land Reforms Act, 1961....

The dispute arose under the Karnataka Land Reforms Act, 1961 concerning compensation payable to landlords after their lands vested in the State upon conferral of tenancy rights. The respondents, who w...

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High Court of Karnataka Acquits Deputy Commissioner of Excise in Corruption Case — Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt. Conviction under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 set aside due to unreliable trap witnesses and lack of corroboration....

The appellant, Shivananda Bankolli, was the Deputy Commissioner of Excise at Mysore. He was convicted by the Principal Sessions Judge & Special Judge, Mysore in Spl.Case No.140/2004 dated 29.10.2010 f...

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Bombay High Court Quashes Detention Order Under MPDA Act Due to Inordinate Delay — Preventive Detention Invalidated as Live Link Between Grounds and Detention Purpose Broken...

The petitioner, mother of the detenu Zainul Abbas Shabbir Rajan, filed a writ petition under Article 226 of the Constitution of India challenging the detention order dated 10th October 2019 passed by ...

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Bombay High Court Partially Allows Appeal of Convicted Accused in Assault Case, Dismisses State Appeals for Acquittal and Enhancement. Conviction under Section 324 r/w 34 IPC for causing simple hurt with dangerous weapon upheld, but sentence reduced to period already undergone....

The judgment arises from three appeals concerning an incident that occurred on 15th August 1999 at Loni Kalbhor, Pune. The appellants (original accused nos. 1, 2, and 4) were convicted by the Addition...

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Bombay High Court Dismisses State's Appeal Against Acquittal in Attempt to Murder Case Due to Unreliable Testimony and Unexplained Delay in FIR. The court upheld the trial court's finding that the prosecution failed to prove the guilt of the accused under Section 307 IPC beyond reasonable doubt....

The State of Maharashtra appealed against the judgment and order dated 27th March 2000 passed by the learned 13th Addl. District Judge, Pune in Sessions Case No.130 of 1999, whereby the respondent-acc...

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Bombay High Court Dismisses Petition Challenging Surcharge Orders Under Section 79(3) of Maharashtra Co-operative Societies Act, 1960 — Concurrent Findings of Fact by Three Authorities Not Interfered With. Statutory officers of a co-operative housing society held liable for misappropriation of funds based on evidence, with no perversity found in the impugned orders....

The petitioners, Usha Jadhav and another, were erstwhile chairman and secretary of Shripati Arcade Annexe-II Co-operative Housing Society, Mumbai, from 2008 to 2015. They challenged three orders: (1) ...

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Bombay High Court Quashes Senior Citizen Tribunal Order Against Daughter-in-Law Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Daughter-in-Law Not a 'Relative' Under Section 2(d) of the Act, Tribunal Lacks Jurisdiction....

The petitioner, Ranjana Rajkumar Makharia, is the daughter-in-law of respondent No.1, Mayadevi Subhkaran Makharia. The respondents are the petitioner's mother-in-law (respondent No.1), husband (respon...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Deceased's Own Negligence Not a Bar to Compensation Under Railways Act, 1989. Held that 'untoward incident' includes accidental falls from trains regardless of passenger negligence, relying on Jameela v. Union of India....

The appellants, parents of the deceased Firdaus Kausar, filed a claim before the Railway Claims Tribunal, Nagpur, after their daughter died on 4.2.2010 when she fell from a running train (Train No.104...