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High Court of Karnataka Allows Impleadment of Stranger to Agreement of Sale as Co-Defendant in Suit for Specific Performance — Stranger Claiming Independent Title or Possession Has Right to Defend Property. Order 1 Rule 10 CPC permits impleadment of a person claiming independent right over suit property to avoid multiplicity of proceedings....

The petitioners, who were the plaintiffs in O.S.No.98/2016, filed a suit for specific performance of an agreement of sale against the respondents. The respondents 3 to 7, who were strangers to the agr...

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High Court of Bombay at Goa Adjudicates Constitutional Challenge to Article 19 of Decree No.35461 on Enforcement of Ecclesiastical Annulment Decrees. Petitions Seek to Nullify Canonical Marriage Annulments and Prevent Civil Endorsements, Questioning the Validity of Pre-Constitution Colonial Law....

Two writ petitions were heard together. In Writ Petition No.351 of 2017, the petitioner wife married the fourth respondent on 26 September 2009 under canonical rites, which was registered civilly. Mar...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Intent and Provocation - Conviction under Section 304-I IPC Set Aside as Evidence Shows Sudden Fight Without Premeditation....

The appellant, Bapu alias Raju Dynandeo Chavan, was convicted by the Additional Sessions Judge, Sindhudurg-Oros, for the offence punishable under Section 304-I of the Indian Penal Code (IPC) and sente...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Commercial Dispute — Upholds Award Under Section 34 of Arbitration and Conciliation Act, 1996. Court holds that challenge to award on merits is not permissible and that the arbitrator's findings are final on facts and law....

The Kolhapur Municipal Corporation (petitioner) filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award dated 30th April 2019 passed in favor of F...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in Partnership Retirement Dispute. The Court Examines Whether the Arbitrator Erred in Rejecting Petitioners' Claims and Imposing Costs Under the Arbitration and Conciliation Act, 1996....

Background: The dispute arose out of a partnership firm, M/s. Prospective Traders, constituted in 1977 by three family trusts. In 1985, the petitioners (Hemant D. Shah and Kokila H. Shah) and responde...

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Bombay High Court Allows Appeals in Share Ownership Dispute, Sets Aside Injunction Against Transfer of Shares Held by Trust. Court holds that a trustee cannot seek declaration of exclusive ownership of trust property in personal capacity without joining all trustees and beneficiaries....

The case involves two appeals from an order of the Joint Civil Judge Senior Division, Pune, dated 10 May 2019, which granted an interim injunction in favor of the plaintiff, Vijay K. Chhabria, restrai...

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Bombay High Court Dismisses Petition Against Civil Suit for Medical Negligence Despite Prior Consumer Forum Dismissal. Principle of Res Judicata Not Applicable to Consumer Forum Decisions Under Section 9 of Consumer Protection Act, 1986....

The case involves a dispute over medical negligence leading to the death of a baby boy. The respondents (parents) initially filed a complaint before the State Consumer Disputes Redressal Commission un...

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Bombay High Court Dismisses Appeal for Enhancement of Compensation in Motor Accident Claim - Negligence and Income Assessment Upheld. Widow's Claim for Higher Compensation Rejected as Tribunal's Award of Rs.5,62,000 for Death of Agriculturist Held Just and Proper Under Section 166 of Motor Vehicles Act, 1988....

The appellant, Laxmibai, widow of Rama Tokalwad, filed an appeal under Section 166 of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, N...

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High Court of Bombay Allows Appeal in Motor Accident Claim — Negligence of Driver Proved Despite Absence of Eye-Witness. Claimant entitled to compensation as rash and negligent driving established through documentary evidence and circumstances under Section 166 of Motor Vehicles Act, 1988....

The appellant, Nitin Narayanrao Magar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of his father, Narayanrao Magar, who died in a motor...