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High Court of Karnataka Allows Substitution of Arbitrator in CPWD Contract Dispute, Holding Retired Departmental Officers Ineligible Under Amended Arbitration Act. Court Appoints Former Judge as Sole Arbitrator to Resolve Multiple Contractual Disputes Arising from Six Construction Agreements....

The dispute arose from six separate construction contracts awarded by the Central Public Works Department (CPWD) to M/s Sri Krishna Shelters Pvt. Ltd. between 2014 and 2015 for various works at NITK S...

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High Court of Karnataka Frames Points for Consideration in Regular First Appeal Against Dismissal of Recovery Suit in Construction Contract Dispute. Plaintiffs Claimed Excess Payment and Defective Work; Court's Final Order Not Available in Provided Text....

Background: The dispute concerned a construction contract for a residential house in Bangalore. The plaintiffs (appellants) were the owners who had entered into an oral agreement with the defendant (r...

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Bombay High Court Allows Appeal in NI Act Case — 'Not Claimed' Notice Constitutes Valid Service Under Section 138 Proviso (b). Refusal to accept notice by addressee amounts to deemed service; acquittal set aside....

The appellant-complainant, Anil Gulabrao Khairkar, filed a criminal appeal against the judgment of the Special Court for the Negotiable Instruments Act at Nagpur dated 21/02/2006 in Criminal Case No.1...

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Bombay High Court Allows Writ Petition of Tendu Leaves Contractors Association for Exemption from TCS under Section 206C(1A) of Income Tax Act, 1961. Contractors engaged in trading of forest produce are not liable to tax collection at source as they are not 'buyers' under the provision....

The petitioner, Gondia Beedi Leaves Contractors Association, representing contractors of Tendu leaves (a forest produce), filed a writ petition before the Bombay High Court at Nagpur. The core issue w...

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High Court of Bombay Allows State's Petition, Quashes Labour Court Order in Recovery of Motor Vehicle Compensation Deduction — Section 33C(2) of Industrial Disputes Act Not Maintainable for Disputed Liability. Labour Court Exceeded Jurisdiction by Adjudicating Entitlement to Recover Deductions Made Under Joint and Several Liability Under Motor Vehicles Act, 1988....

The State of Maharashtra and the Executive Engineer, Irrigation Department, Akola filed a writ petition challenging the judgment of the Labour Court, which allowed an application under Section 33C(2) ...

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Bombay High Court Allows Custody of Minor Victim to Parents in Immoral Trafficking Case — Designated Court's Order Rejected. Parents' Custody Application Granted Subject to Conditions; Court Holds That Natural Parents Are Best Custodians Unless Found Unfit....

The petitioners, Sunita Devi Samarjit Singh and Samarjeet Patiram Singh, are the parents of a minor girl (referred to as Victim-XYZ) who was rescued by the D B Marg Police Station in a trap under Crim...

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Bombay High Court Dismisses Discharge Petition in Excise Duty Evasion Case — No Prima Facie Case for Discharge Established. Petitioner, a German national and director of a distillery, failed to show that the allegations under IPC and PC Act were groundless, as the charge sheet and material disclosed sufficient grounds to proceed....

The petitioner, Rakesh Rastogi, a German national and director of M/s. Krimpy Distillery, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging the proceedings in S...

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Bombay High Court Quashes FIR Against Maternal Uncles in Dowry Harassment Case — No Specific Allegations of Cruelty or Demand for Dowry. Relatives Not Living with Complainant Cannot Be Prosecuted Under Section 498-A IPC Without Prima Facie Case....

The applicants, Rajesh and Francis Chitte, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. I-151 of 2018 registered at Tofkhana Poli...

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Bombay High Court Allows Appeal by Claimants in Railway Accident Case — Holds That Deceased Was a Bona Fide Passenger and Death Was Accidental. The Tribunal Erred in Dismissing Claim on Grounds of Untruthful Evidence and Failure to Prove 'Accidental Falling' Under Section 124A of the Railways Act, 1989....

The present appeal was filed by the original applicants, the widow and minor children of Jagannath Vibhute, challenging the judgment and award dated 18th July 2019 passed by the Railway Claims Tribuna...