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Bombay High Court Allows MCGM's Appeal Against Arbitrator's Dismissal of Counter Claim at Threshold - Limitation for Counter Claim in Arbitration. The court held that the Arbitrator erred in dismissing the counter claim on limitation without a full trial, as the counter claim related to the same contract and was filed before conclusion of proceedings....

The Municipal Corporation of Greater Mumbai (MCGM) appealed against an order of a sole Arbitrator dated 23rd June 2009 dismissing its Counter Claim at the threshold on the ground of limitation. The di...

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Bombay High Court Dismisses Habeas Corpus Petition in Customs Act Detention Case — Detention Held Not Illegal. Petitioner's arrest under Section 104 of Customs Act, 1962 and subsequent judicial custody were lawful; no violation of Articles 14, 21, 22 of Constitution found....

The petitioner, Ankit Ghanshyam Mutha, filed a writ petition seeking a writ of habeas corpus and direction for his release from custody of the Directorate of Revenue Intelligence (DRI) in connection w...

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High Court of Karnataka Dismisses Writ Petition Challenging Land Acquisition Notification Due to Inordinate Delay and Laches. Challenge to 1988 notification filed in 2017 held barred by delay and laches as no explanation for 29-year delay was provided....

The petitioners, owners of land in Thippasandra village, Bengaluru, challenged a preliminary notification dated 13.10.1988 issued under Section 4(1) of the Land Acquisition Act, 1894, which proposed a...

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Bombay High Court Dismisses State's Appeal Against Acquittal in Corruption Case Due to Lack of Proof of Demand and Acceptance. The Court Held That the Prosecution Failed to Establish Essential Ingredients Under Section 7 and 13(1)(d) of Prevention of Corruption Act, 1988, as the Bribe Amount Was Found on the Floor and Not on the Accused....

The State of Maharashtra appealed against the judgment and order dated 25.5.2001 passed by the Special Judge, Solapur, acquitting the respondent Sardar Chandsaheb Silar of offences punishable under Se...

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Bombay High Court Quashes Externment Order in Gambling Case — Externment Based on Minor Offences Under Maharashtra Prevention of Gambling Act Held Disproportionate and Unjustified. The court held that offences under the Maharashtra Prevention of Gambling Act are minor and do not justify externment under Section 56 of the Maharashtra Police Act, 1951....

The petitioner, Ganesh Sudhir Kharade, a resident of Kaij, District Beed, challenged an externment order passed by the Superintendent of Police, Beed, on 5.4.2019, confirmed by the Additional Commissi...

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High Court of Karnataka Quashes Notice to Shift Stone Crusher Unit in Safer Zone Dispute — Licence Granted After Declaration of Safer Zone Cannot Be Revoked Under Section 6(1)(b) of Karnataka Regulation of Stone Crushers Act, 2011....

The petitioner, H.T. Manju, owned a stone crusher unit on private patta land in Haralahalli Village, Mandya District. He was granted a licence under Section 3 of the Karnataka Regulation of Stone Crus...

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Bombay High Court Allows Second Appeal in Easement by Prescription Case — Right of Way Established Over Dhura for Agricultural Access. Plaintiffs' Suit for Mandatory Injunction to Remove Thorny Compound and Restrain Interference with Right of Way on Gat No. 117 Allowed Based on Long User and Acquiescence....

The case involves a second appeal filed by the original plaintiffs, Wasudeo and Leeladhar Kale, against the judgment of the first appellate court which reversed the trial court's decree in their favor...

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High Court Allows Appeal in Railway Accident Case Due to Absence of Negligence by Deceased Passenger. Deceased fell from moving train due to sudden push of door, not his own negligence, entitling widow to compensation under Section 124-A of the Railways Act, 1989....

The appellant, Raeesa Begum, widow of Mohammad Gaus, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for the death of her husband who died after falling from a moving tr...