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Bombay High Court Upholds Conviction Under Section 304 Part II IPC for Fatal Knife Assault, Dismisses Enhancement Appeal. Death of one accused abates appeal; remaining accused's conviction for culpable homicide not amounting to murder confirmed....

The judgment concerns two cross-appeals arising from an incident on 16/04/1999 where three accused persons assaulted the complainant and his friends with knives, resulting in the death of Hiralal. The...

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Bombay High Court Dismisses Revision Against Concurrent Findings on Limitation in Eviction Suit. Court holds that a suit for possession filed within 12 years of the date when possession becomes adverse is not barred by limitation under Article 65 of the Limitation Act, 1963....

The case involves a civil revision application filed by M/s. SGM Properties & Investments Pvt. Ltd. (the applicant/landlord) against Basantkumar Bilasrao Rungta (the respondent/occupant) and the Court...

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High Court of Karnataka Allows Appeal in Recovery Suit — Loan Repayment Claim Upheld Despite Lack of Written Agreement. Preponderance of Probabilities Favored Plaintiff as Defendant Admitted Receipt of Money but Failed to Prove Alternative Purpose....

The appellant, Mr. Manjunath S., filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 10.10.2011 passed by the XXVI Additional City...

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Bombay High Court Allows Petitions Against Municipal Corporation for Issuance of TDR Certificates. Transfer of Development Rights must be granted in accordance with Development Control Regulations and cannot be arbitrarily denied....

The petitioners in these four writ petitions are owners of lands that were acquired by the Amravati Municipal Corporation for the construction of a road earmarked in the Development Plan. They surrend...

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Bombay High Court Holds That Ex Gratia Payment Under Section 7(2)(xiv) of Maharashtra Mathadi Act Does Not Bar Workmen's Compensation Claim. The court interpreted Section 16 of the 1977 Act as not precluding a claim under the Workmen's Compensation Act, 1923, since ex gratia payment is not compensation under the 1923 Act....

The case involves a reference by a Single Judge to a Larger Bench of the Bombay High Court on the question whether an employee who has received ex gratia payment under Section 7(2)(xiv) of the Maharas...

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Bombay High Court Dismisses Bharti Airtel's Challenge to Tender for Bandwidth Services — Eligibility Condition Requiring Government Experience Upheld. Court Holds That Tender Conditions Are Not Open to Judicial Review Unless Arbitrary or Mala Fide, and the Condition Was Rationally Connected to the Object of the Tender Under Article 14 of the Constitution of India....

The petitioners, Bharti Airtel Limited and its officer, challenged a tender issued by Maharashtra Information Technology Corporation Limited (MahaIT) for the supply of bandwidth services. The tender r...

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Bombay High Court Allows Tenants' Petition Against Demolition of Cessed Building Without Compliance with Section 354 of MMC Act and DCR 33(7) — Held that Municipal Corporation must follow statutory procedure before demolition of dilapidated buildings....

The petitioners, tenants residing in a cessed building known as Martand Prasad Building in Malad (West), Mumbai, filed a writ petition challenging the proposed demolition of the building by the Munici...

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Bombay High Court considers interim injunction in passing-off suit over 'iTerm' mark for online insurance policies. Court examines whether 'iTerm' is inherently distinctive or has acquired secondary meaning under common law of passing off, and plaintiff's challenge to defendant's use of 'Aviva i-Term Smart'....

The plaintiff, Aegon Life Insurance Company Limited, instituted a suit for passing off against Aviva Life Insurance Company India Limited, seeking an interim injunction to restrain the defendant from ...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of Rickshaw Driver. Court holds that future prospects must be added to income of self-employed victim and that multiplier should be based on age of deceased, not claimant....

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Nanded, in M.A.C.P. No. 01/2015, whereby the Tribunal awarded compensation of Rs.7,50,000 to the claimants (widow, two children...

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Bombay High Court Acquits Appellants in Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Sections 302 and 326 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The case arises from an incident on 4 April 2013 in village Nipani Jawalka, where the deceased Mahadeo was allegedly assaulted by the appellants. The prosecution case was that during a card game, a qu...